Patna High Court
Sonu KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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
- Bihar Negotiable Securities Act (BNSS) — s. 482(2)
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
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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
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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
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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
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