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Patna High Court

Sonu Kumar @ Sonu Kumar RaiversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court granted anticipatory bail to the petitioner, subject to a bail bond and conditions, finding insufficient material for arrest.

Summary

The petitioner, Sonu Kumar, sought anticipatory bail fearing arrest in a case (PS No.384 of 2025) under Sections 30(a) and 47 of the Bihar Prohibition and Excise Act for alleged involvement in illegal liquor trade. The prosecution alleged that police recovered 120 litres of illicit country-made liquor and a motorcycle from the vicinity of RSK Global School, based largely on a disclosure statement by the Mahal Chaukidar, who allegedly harbored personal animosity towards the petitioner. The petitioner contended that he had no connection with the co‑accused, no incriminating material was found in his possession, and the sole basis for his implication was the Chaukidar’s statement. The State opposed the anticipatory bail, arguing the seriousness of the offence and the petitioner’s prior criminal antecedent. Considering the lack of direct evidence, the petitioner’s cooperation, and the statutory provisions, the court granted anticipatory bail subject to a bail bond of Rs.10,000 with two sureties and conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
  • Whether the disclosure statement of the Mahal Chaukidar constitutes sufficient material to justify arrest under the Bihar Prohibition and Excise Act.
  • Whether the petitioner’s prior criminal antecedent precludes the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • illegal liquor trade
  • Bihar Prohibition and Excise Act
  • Bharatiya Nagarik Suraksha Sanhita
  • Section 482(2)
  • bail conditions
  • criminal antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.23040 of 2026
                        Arising Out of PS. Case No.-384 Year-2025 Thana- AMNAUR District- Saran
                 ======================================================
                 Sonu Kumar @ Sonu Kumar Rai S/o Yogeshwar Ray R/o Village- Shekhpura,
                 P.S- Amnour, Distt.- Saran.
                                                                       ... ... Petitioner/s
                                               Versus
                 The State of Bihar.
                                                                ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Ajit Kumar Singh, Advocate.
                 For the Opposite Party/s :       Mr. Gauri Shankar Gupta, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                       ORAL ORDER

2   18-04-2026                  1. Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. The petitioner apprehends his arrest in connection

                   with Amnour P.S. Case No.384 of 2025 instituted under Sections

                   30(a), 47 of the Bihar Prohibition and Excise Act.

                                3. As per the prosecution case, on getting secret

                   information regarding illegal trade and business of liquor at

                   Village Shalkhua, the police party reached near RSK Global

                   School located in village Salkhua and recovered 120 liters of

                   illicit country made liquor and a Passion Pro motorcycle bearing

                   Registration No. BR04-AR-2739.

                                4. Learned counsel for the petitioner submits that

                   petitioner is innocent and has been falsely implicated in this case

                   only on the basis of disclosure statement made by the Mahal

                   Chaukidar who had inimical terms with the petitioner. He further

                   submits that the petitioner has no connection with the other co-

                   accused persons of this case and with the ulterior motive, the
            Patna High Court CR. MISC. No.23040 of 2026(2) dt.18-04-2026
                                                        2/2




                      name of petitioner has been implicated in this case. Learned

                      counsel submits that except the disclosure statement of the Mahal

                      Chaukidar, there is no material against the petitioner and no

                      incriminating article has been recovered from the conscious

                      possession of petitioner. He further submits that petitioner has one

                      criminal antecedent, in which he is on bail and he undertakes to

                      cooperate in the investigation and trial of the case.

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

                      anticipatory bail.

                                   6. Considering the facts and circumstances of the case,

                      submissions of learned counsel for the parties and nature of

                      allegation leveled against the petitioner, in the event of arrest or

                      surrender before the Court below within six weeks from today, the

                      petitioner be released on bail upon furnishing bail bonds of

                      Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like

                      amount to each to the satisfaction of the learned 1 st Special Judge

                      Excise, Saran at Chapra/ concerned Court in connection with

                      Amnour P.S. Case No.384 of 2025, subject to the conditions laid

                      down in Section 482(2) of the Bharatiya Nagarik Suraksha

                      Sanhita, 2023.



                                              (Sunil Dutta Mishra, J)
Ritik/-
U       T


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