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Patna High Court

Sunny Kumar @ RahulversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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
                                            2/3




          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
                                                         3/3




                       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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