Created by Fuzzy Cloud

Patna High Court

Sonu KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

Provisional anticipatory bail is granted subject to conditions and verification of the petitioner’s criminal antecedent.

Summary

The petitioner, Sonu Kumar, was implicated in a case under Section 30(a) of the Bihar Excise Act for alleged recovery of 10 litres of liquor from his motorcycle and 60 litres from a gallon at Jafrabad. He contended that the liquor was not found in his conscious possession, that he was merely the owner of the vehicle used by a friend who fled the scene, and that the larger quantity was recovered from a location not belonging to him. The State opposed his prayer for anticipatory bail. The Court, after considering the submissions, granted provisional anticipatory bail subject to a bail bond of Rs. 5,000 with two sureties and directed verification of the petitioner’s criminal antecedent. It stipulated that if more than one prior case is found, the bail would not be confirmed; if only one prior case is found, the bail would be confirmed. The order was made under Section 482(2) of the BNSS.

Issues considered

  • What is the appropriateness of granting anticipatory bail to the petitioner under Section 30(a) of the Bihar Excise Act?
  • Whether the petitioner’s ownership of the vehicle and lack of conscious possession of the liquor preclude his arrest?
  • Whether the petitioner’s criminal antecedent affects the grant of anticipatory bail?

Legislation cited

Subjects

  • anticipatory bail
  • Bihar Excise Act
  • Section 30(a)
  • vehicle ownership
  • criminal antecedent
  • Section 482(2) BNSS

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.21460 of 2026
                       Arising Out of PS. Case No.-48 Year-2026 Thana- LALGANJ District- Vaishali
                 ======================================================
                 Sonu Kumar S/o Devendra Ray R/o village- Jafrabad, PS- Lalganj, District-
                 Vaishali

                                                                                    ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Rajeev Ranjan, Advocate
                 For the Opposite Party/s :       Mr. Parmanand Prasad, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   01-04-2026                  1. Heard learned counsel for the petitioner and

                   learned A.P.P. for the State.

                                2. The petitioner apprehends his arrest in a case

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

                   Bihar Excise Act.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of one case under the Excise Act and

                   allegation is of recovery of 10 liters of liquor from a motorcycle

                   and 60 liters of liquor from a gallon at Jafrabad diyara.

                                4. Learned      counsel for the petitioner submits that

                   petitioner was not apprehended from the spot as such nothing

                   was recovered from his conscious possession and he came to be

                   implicated based on the fact that he is owner of the seized

                   vehicle. It is next submitted that no prudent person would use
Patna High Court CR. MISC. No.21460 of 2026(2) dt.01-04-2026
                                            2/3




          his own vehicle for committing an occurrence and thus would

          create evidence against himself and hence would get implicated,

          it is also submitted that petitioner was completely unaware that

          his friend would misuse the vehicle in the manner as alleged

          who also fled from the spot and as far as 60 liters of liquor is

          concerned, the same was recovered from a place which does not

          belong to the petitioner and is accessible to villagers at large.

                       5. Learned A.P.P. for the State opposes the prayer for

          anticipatory bail of the petitioner.

                       6. Considering the submissions made by the learned

          counsel for the petitioner, the petitioner above-named, in the

          event of his arrest or surrender before the learned Trial Court

          within a period of six weeks from today, be released on

          Provisional anticipatory bail on furnishing bail bonds of Rs.

          5000/- (Rupees Five Thousand) with two sureties of the like

          amount each to the satisfaction of the learned Trial Court where

          the case is pending/successor court in connection with Lalganj

          P.S. Case No. 48 of 2026 subject to the conditions as laid down

          under Section 482 (2) of the BNSS.

                       7. It is made clear that thereafter the learned Trial Court

          shall verify the criminal antecedent of the petitioner and in the

          event if it is found that petitioner has antecedent of more than one

          case then it would be presumed that petitioner, for the purposes of
            Patna High Court CR. MISC. No.21460 of 2026(2) dt.01-04-2026
                                                        3/3




                      seeking anticipatory bail, had concealed his antecedent before this

                      Court, as such, the provisional anticipatory bail order shall not be

                      confirmed, but after verification if it is found that petitioner has

                      antecedent of one case only, in that event the provisional

                      anticipatory bail order shall be confirmed forthwith.



                                                              (Satyavrat Verma, J)
Rishabh/-

U      T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.