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Patna High Court

Sonu Singh @ Sonu KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court granted provisional anticipatory bail to the petitioners, subject to verification of their antecedents and compliance with the conditions imposed under Section 482(2) of the BNSS.

Summary

The petitioners, Sonu Singh and Vicky Kumar, applied for anticipatory bail fearing arrest in a case under Sections 30(a) and 41(1) of the Bihar Excise Act for allegedly possessing 35.6 litres of liquor recovered from a motorcycle. They argued they have clean antecedents, were not caught in possession, and were implicated by a hostile chowkidar without proper investigation. The State opposed the bail. The High Court, after considering the submissions, granted provisional anticipatory bail subject to a bail bond of Rs.500 with two sureties each, and directed the trial court to verify the petitioners' criminal antecedents within six weeks. The order stipulated that if any antecedent is discovered, the bail would not be confirmed for that petitioner; otherwise, the provisional bail would be confirmed. The decision rests on the court’s discretion under Section 482(2) of the BNSS.

Issues considered

  • Whether anticipatory bail can be granted to the petitioners under the facts of the case
  • Whether the petitioners have a clean criminal antecedent as required for bail
  • Whether the FIR filed on the basis of a hostile chowkidar’s information is sufficient to justify denial of bail

Legislation cited

Subjects

  • anticipatory bail
  • Bihar Excise Act
  • Section 30
  • Section 41
  • clean antecedent
  • provisional bail
  • FIR
  • police investigation

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.24506 of 2026
                   Arising Out of PS. Case No.-470 Year-2025 Thana- SIWAN MUFFASIL District- Siwan
                 ======================================================
           1.     Sonu Singh @ Sonu Kumar S/o Late Chabila Singh @ Late Ram Chabila
                  Singh R/o Village -Badli More, P.S -Dhanauti O.P, (Siwan Mufassil),
                  District - Siwan
           2.    Vicky Kumar @ Dhananjay Kumar S/o Ramesh Gupta R/o Village - Badli
                 More, P.S - Dhanauti O.P. (Siwan Mufassil), District - Siwan

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Arbind Kumar Singh, Advocate
                 For the Opposite Party/s :      Mr. Manoj Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   20-04-2026                  1. Heard learned counsel for the petitioners and

                   learned A.P.P. for the State.

                                2. The petitioners apprehend their arrest in a case

                   registered for the offences punishable under Sections 30(a) and

                   41(1) of the Bihar Excise Act.

                                3. Learned counsel for the petitioners submits that

                   petitioners are persons with clean antecedent and allegation is of

                   recovery of 35.6 liters of liquor from a motorcycle.

                                4. Learned counsel for the petitioners submits that

                   petitioners were not apprehended from the spot as such nothing

                   was recovered from their conscious possession and are not the

                   owner of the seized motorcycle and they came to be implicated
Patna High Court CR. MISC. No.24506 of 2026(2) dt.20-04-2026
                                            2/3




          at the instance of Chowkidar with whom they are on an inimical

          term. It is also submitted that if Chowkidar was aware of the

          involvement of the petitioners 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. It is

          also submitted that police in mechanical manner implicates at

          the instance of Chowkidar, local person, confessional statement

          or secret information without holding a proper investigation.

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

          anticipatory bail of the petitioners.

                       6. Considering the submissions made by the learned

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

          event of their 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.

          500/- (Rupees Five Hundred) each 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 Siwan

          Muffasil P.S. Case No. 470 of 2025 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 petitioners and in the

          event if it is found that any of the petitioners have antecedent of
            Patna High Court CR. MISC. No.24506 of 2026(2) dt.20-04-2026
                                                        3/3




                      even one case then it would be presumed that petitioners, for the

                      purposes of seeking anticipatory bail, had concealed their

                      antecedent before this Court, as such, the provisional anticipatory

                      bail order shall not be confirmed with respect to that petitioner

                      who had concealed his antecedent, but after verification if it is

                      found that petitioner are persons with clean antecedent in that

                      event the provisional anticipatory bail order shall be confirmed

                      forthwith.



                                                        (Satyavrat Verma, J)
Rishabh/-

U      T


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