Patna High Court
Sunny Kumar @ RahulversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
Provisional anticipatory bail was granted subject to bail bond, sureties, and verification of antecedents, with confirmation contingent on the outcome of that verification.
Summary
The petitioner, Sunny Kumar, was implicated in a case under Sections 30(a) and 41 of the Bihar Prohibition and Excise Act, 2022 for the alleged recovery of 59.5 litres of liquor and seizure of a motorcycle from a cowshed on his premises. He contended that the liquor was planted, that the cowshed was accessible to villagers, and that he had no conscious possession of the contraband, arguing that the complaint was motivated by personal enmity. The State opposed his request for anticipatory bail. The Court, after considering the submissions, granted provisional anticipatory bail conditioned on a bail bond of Rs.5,000 with two sureties and directed verification of the petitioner’s criminal antecedents. If more than one antecedent is found, the bail would not be confirmed; if only one antecedent is found, the bail would be confirmed. The order was made under Section 482(2) of the B.N.S.S., pending further verification by the trial court.
Issues considered
- Whether the petitioner is entitled to anticipatory bail in the case registered under the Bihar Prohibition and Excise Act, 2022.
- Whether the circumstances of the alleged seizure justify denial of bail.
- Whether the petitioner’s criminal antecedents affect the confirmation of provisional anticipatory bail.
Legislation cited
- B.N.S.S. — s. 482(2)
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- seizure of liquor
- criminal antecedents
- Section 482
- provisional bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22229 of 2026
Arising Out of PS. Case No.-35 Year-2026 Thana- GOVINDPUR District- Nawada
======================================================
Sunny Kumar @ Rahul Son of Surendra Prasad @ Surendra Prasad Yadav
Resident of Village- Bishunpur, P.S.- Govindpur, District- Nawada
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sheo Nandan Prasad, Adv.
For the Opposite Party/s : Mr. Chandra Bhushan Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 08-04-2026 1. Heard learned counsel for the petitioner and learned
A.P.P. for the State Mr. Chandra Bhushan Prasad.
2. The petitioner apprehends his arrest in a case
registered for the offence punishable under Sections 30(a) and
41 of Bihar Prohibition and Excise Act, 2022.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of one case under the Excise Act and
allegation is of recovery of 59.5 litres of liquor from cowshed of
the petitioner and a motorcycle was seized. It is next submitted
that petitioner was not arrested from the spot as such nothing
was recovered from his conscious possession and cowshed is a
place outside the house and thus is accessible villagers at large.
It is next submitted that no prudent person would use his own
premises for committing an occurrence and thus would create
Patna High Court CR. MISC. No.22229 of 2026(2) dt.08-04-2026
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evidence against himself and hence would get implicated. It is
also submitted that someone inimical to the family planted
meager amount of liquor with an intent to implicate the entire
family and petitioner is not the owner of the seized motorcycle
and came to be implicated at the instance of chowkidar with
whom he is on an inimical term. It is also submitted thatif
chowkidar was aware of the involvement of the petitioner in the
occurrence then why he did not inform the police prior to
institution of the instant FIR which casts an aspersion on the
case of the prosecution.
4. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
5. Considering the submissions made by the learned
counsel for the petitioner, the petitioner above-named, in the
event of his arrest or surrender 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 Govindpur P.S. Case No.35/2026, subject to the
conditions as laid down under Section 482(2) of the B.N.S.S.
6. It is made clear that the learned trial court thereafter
Patna High Court CR. MISC. No.22229 of 2026(2) dt.08-04-2026
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shall verify the criminal antecedents of the petitioner and in the
event if it is found that petitioner has antecedent of more than
one case, in that event, it would be presumed that petitioner had
concealed his antecedent before this court, as such, the
provisional anticipatory bail order shall not be confirmed but if
on verification it is found that petitioner has antecedent of one
case, in that event the provisional anticipatory bail order shall be
confirmed forthwith.
(Satyavrat Verma, J)
amit/-
U T
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