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Patna High Court

Rani Sonkar @ Shyam Sonkar @ Shyam RajversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

Anticipatory bail was denied to the petitioner.

Summary

The petitioner sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Prohibition and Excise Act, where 499.350 litres of illicit foreign liquor were seized from a house. He contended that no incriminating article was found in his possession and that he was falsely implicated. The State opposed the bail, highlighting the large quantity of liquor recovered and the petitioner’s four prior similar criminal convictions. The court examined the seriousness of the offence, the magnitude of the seizure, and the petitioner’s criminal record. Considering these factors, the court rejected the petition for anticipatory bail, concluding that the petitioner did not merit such relief.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner in view of the alleged offence under Section 30(a) of the Bihar Prohibition and Excise Act, the large quantity of illicit liquor recovered, and his prior criminal antecedents.

Legislation cited

Subjects

  • anticipatory bail
  • Bihar Prohibition and Excise Act
  • illicit liquor
  • criminal antecedents
  • bail jurisprudence
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.20579 of 2026
                  Arising Out of PS. Case No.-462 Year-2025 Thana- SASARAM NAGAR District- Rohtas
                 ======================================================
                 Rani Sonkar @ Shyam Sonkar @ Shyam Raj S/o- Mewa Sonkar @ Mewa Lal
                 Sonkar R/o- New Area, P.S.-Sasaram Town, Distt.- Rohtas

                                                                                ... ... Petitioner/s
                                                      Versus

                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner     :        Mr. Amresh Kumar Sinha, Advocate
                 For the State          :        Mr. Umeshanand Pandit, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   05-05-2026                  Heard learned counsel appearing on behalf of the

                   petitioner and learned A.P.P. appearing on behalf of the State.

                                2. The petitioner apprehends his arrest in a case

                   registered for the offence punishable under Section 30(a) of the

                   Bihar Prohibition and Excise Act.

                                3. As per prosecution case, 499.350 litres illicit

                   foreign liquor was recovered from a house.

                                4. It is submitted by learned counsel appearing on

                   behalf of the petitioner that petitioner is quite innocent and has

                   committed no offence. No incriminating article has been

                   recovered from conscious possession of this petitioner and he

                   has falsely been implicated in this case merely on suspicion.

                                5. On the other hand, learned A.P.P. for the State has

                   vehemently opposed the prayer for grant of anticipatory bail to
             Patna High Court CR. MISC. No.20579 of 2026(2) dt.05-05-2026
                                                         2/2




                       the petitioner and submitted that huge quantity of illicit liquor

                       was recovered. Petitioner has got four criminal antecedents of

                       similar nature.

                                    6. Considering the nature of accusation, recovery of

                       huge quantity of illicit liquor and fact that petitioner has got four

                       criminal antecedents of similar nature, the prayer for grant of

                       anticipatory bail to the petitioner is rejected.



                                             (Prabhat Kumar Singh, J)
shashank/-

U      T


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