Patna High Court
Sonu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court granted anticipatory bail to the petitioner subject to the stipulated bond and surety conditions under Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023.
Summary
The petitioner, Sonu Kumar, sought anticipatory bail fearing arrest in a case (Durgawati PS No. 333 of 2024) involving alleged offences under Sections 338 and 336(3) of the Bharatiya Nyaya Sanhita, 2023 and Section 30(a) of the Bihar Prohibition and Excise Act, where 219.96 litres of liquor were recovered from a vehicle he owned. He contended that he had no knowledge of the liquor, was falsely implicated, and that no prima facie case existed, also noting the absence of compliance with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023. The State opposed the bail. The Court, after considering the submissions, granted anticipatory bail on the condition that the petitioner furnishes a bail bond of Rs. 15,000 with two sureties of equal amount, subject to the conditions of Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023.
Issues considered
- Whether the petitioner is entitled to anticipatory bail in the present case
- Whether a prima facie case exists against the petitioner
- Whether the requirements of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023 have been complied with
- Whether conditions under Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023 are applicable
Legislation cited
- Bharatiya Nagarika Suraksha Sanhita, 2023 — s. 103, 482(2)
- Bharatiya Nyaya Sanhita, 2023 — s. 336(3), 338
Subjects
- anticipatory bail
- false implication
- liquor seizure
- criminal procedure
- Bharatiya Nyaya Sanhita
- Bihar Prohibition Act
- Bharatiya Nagarika Suraksha Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2874 of 2026
Arising Out of PS. Case No.-333 Year-2024 Thana- DURGAWATI District- Kaimur (Bhabua)
======================================================
Sonu Kumar S/O Anil Kumar Gupta R/O Village - Mahajan Toli Ara, P.S-
Muffasil Ara, District- Bhojpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sarfraz Ahmad, Advocate
For the Opposite Party/s : Mr. Nityanand, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 19-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner apprehends his arrest in connection
with Durgawati P.S. Case No. 333 of 2024 instituted for the
offences punishable under Sections 338, 336(3) of the Bharatiya
Nyaya Sanhita, 2023 and 30(a) of the Bihar Prohibition and
Excise Act.
3. The prosecution case, in short, is that total 219.96
litres of liquor was recovered from car.
4. Learned counsel for the petitioner submitted that the
petitioner has falsely been implicated in the present case.It is
further submitted that the name of the petitioner has transpired
as being the owner of the vehicle in question and has no
Patna High Court CR. MISC. No.2874 of 2026(2) dt.19-01-2026
2/2
knowledge regarding the goods loaded in the vehicle. Petitioner
has no concern with the alleged recovery. Learned counsel,
therefore, submitted that prima-facie, no case is made out
against the petitioner. The petitioner has one criminal
antecedent. There is no compliance of Section 103 of the
Bharatiya Nagarika Suraksha Sanhita, 2023.
5. Learned APP for the State has vehemently opposed
the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances
of the case, let the petitioner, above named, in the event of
arrest/surrender before the lower court within a period of six
weeks from today, be released on anticipatory bail on furnishing
bail bonds of Rs. 15,000/- ( Rupees Fifteen Thousand) with two
sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with Durgawati P.S. Case
No. 333 of 2024, subject to the conditions as laid down under
Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita,
2023.
(Rudra Prakash Mishra, J)
Alok Verma/-
U T
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