Created by Fuzzy Cloud

Patna High Court

Sunny KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court granted provisional anticipatory bail subject to verification of the petitioner’s antecedent and compliance with conditions under Section 482(2) of the Bihar Narcotic Substances Act.

Summary

Sunny Kumar, the owner of a motorcycle from which 9.37 litres of liquor were seized, sought anticipatory bail for alleged offences under Sections 317(4), 317(5), 111 of the Bihar Narcotic Substances Act and Section 30(a) of the Bihar Excise Act. He argued that he had no conscious possession of the liquor, was unaware of its misuse by a third party, and had a clean criminal record. The State opposed the bail. The High Court, considering the submissions, granted provisional anticipatory bail on the condition that the petitioner furnish a bail bond of Rs. 500 with two sureties and that the trial court verify his antecedent. If any prior case is discovered, the bail will not be confirmed; otherwise, it will be confirmed forthwith. The order was made under Section 482(2) of the Bihar Narcotic Substances Act.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail despite the alleged seizure of liquor from his vehicle.
  • Whether ownership of the vehicle alone can constitute sufficient basis for arrest under the cited statutes.
  • Whether provisional anticipatory bail can be conditioned on verification of the petitioner’s criminal antecedent.

Legislation cited

Subjects

  • anticipatory bail
  • Section 482
  • vehicle ownership
  • liquor seizure
  • criminal antecedent
  • Bihar Narcotic Substances Act
  • Bihar Excise Act

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.29732 of 2026
                   Arising Out of PS. Case No.-134 Year-2026 Thana- BHAGWAN BAZAR District- Saran
                 ======================================================
                 Sunny Kumar Son of Madan Prasad Resident of Village - Ratanpura, P.S.-
                 Bhagwan Bazar, District - Saran.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Ms.Mili Kumari
                 For the Opposite Party/s :      Mr.Arun Kumar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   05-05-2026               1.    Heard learned counsel for the petitioner and

                   learned A.P.P. for the State.

                             2.    The petitioner apprehends his arrest in a case

                   registered for the offences punishable under Sections 317(4),

                   317(5) and 111 of BNS and Section 30(a) of the Bihar Excise

                   Act.

                             3.    Learned counsel for the petitioner submits that the

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 9.37 litres of liquor from a motorcycle.

                             4.    Learned counsel for the petitioner submits that the

                   petitioner was not arrested from the spot as such nothing was

                   recovered from his conscious possession and he came to be

                   implicated based on the fact that he is owner of the seized

                   vehicle. It is next submitted that no prudent person would use
Patna High Court CR. MISC. No.29732 of 2026(2) dt.05-05-2026
                                            2/3




          his own vehicle for committing an occurrence and thus would

          create evidence against himself and hence would get implicated,

          it is further submitted that petitioner was completely unaware

          that Anil would misuse the vehicle in the manner as alleged,

          who was also apprehended from the spot.

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

          anticipatory bail of the petitioner.

                   6.     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. 500/- (Rupees Five Hundred) 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 Bhagwan Bazar P.S. Case No. 134 of 2026

          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 petitioner and in the

          event if it is found that petitioner has antecedent of even one case

          then it would be presumed that petitioner, for the purposes of

          seeking anticipatory bail, had concealed his antecedent before this

          Court, as such, the provisional anticipatory bail order shall not be
              Patna High Court CR. MISC. No.29732 of 2026(2) dt.05-05-2026
                                                          3/3




                        confirmed, but after verification if it is found that petitioner is a

                        person with clean antecedent in that event the provisional

                        anticipatory bail order shall be confirmed forthwith.



                                                  (Satyavrat Verma, J)
Sumit/-

U         T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.