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Patna High Court

Sanoj Kumar @ Sanoj Kumar DangiversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court granted provisional anticipatory bail to the petitioner, subject to conditions and verification of his criminal antecedents.

Summary

The petitioner, Sanoj Kumar, was implicated in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022 for allegedly possessing 23.6 litres of liquor recovered from a cowshed on his premises. He contended that the liquor was hidden by hostile villagers and that he was not in actual possession, arguing that the chaukidar’s delayed report cast doubt on the prosecution’s case. The State opposed his application for anticipatory bail. The High Court, after considering the submissions, granted provisional anticipatory bail subject to a bail bond of Rs.5,000 with two sureties and conditions under Section 438(2) of the Cr.P.C. and Section 482(2) of the B.N.S.S. The order stipulated that the trial court must verify the petitioner’s criminal antecedents; if more than one case is found, the bail would not be confirmed, otherwise it would be confirmed forthwith.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail under Section 438 of the Cr.P.C. in the case registered under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.

Legislation cited

Subjects

  • anticipatory bail
  • Section 30(a)
  • Bihar Prohibition and Excise Act
  • criminal antecedent
  • bail conditions
  • Criminal Procedure Code

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.30040 of 2026
                      Arising Out of PS. Case No.-97 Year-2026 Thana- BARACHATTI District- Gaya
                 ======================================================
                 Sanoj Kumar @ Sanoj Kumar Dangi S/O Sarju Prasad @ Saryu Prasad R/O
                 Vill – Kurmawan, P.S - Barachatti, Dist- Gaya ji (Bihar)
                                                                               ... ... Petitioner/s
                                                    Versus
                 The State of Bihar
                                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Abhay Kumar Singh, Advocate
                 For the Opposite Party/s :      Mr. Awadhesh Kumar Singh, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   06-05-2026                  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 offence punishable under Section 30(a) of the

                   Bihar Prohibition and Excise (Amendment) 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 23.6 litres of liquor from the

                   cowshed of the petitioner.

                                4. Learned counsel for the petitioner submits 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. It is further submitted that no prudent person

                   would use his own premises for committing an occurrence and,

                   thus, would create evidence against himself and, hence, would
Patna High Court CR. MISC. No.30040 of 2026(2) dt.06-05-2026
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          get implicated. It is next submitted that it appears that some

          villagers inimical to the family concealed meager amount of

          liquor in the cowshed of the petitioner with an intent to

          implicate the entire family members and the name of the

          petitioner transpired based on the disclosure made by the

          Chawkidar with whom he is on an inimical term. It is also

          submitted that if the Chawkidar was aware of the involvement

          of the petitioner in the occurrence then why he did not inform

          the police prior to the institution of the instant FIR which casts

          an aspersion on the case of the prosecution.

                       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 appearing on behalf of the petitioner, let 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.5,000/- (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 Barachatti P.S.

          Case No. 97 of 2026, subject to the conditions as laid down

          under Section 438(2) of the Cr.P.C./482(2) of the B.N.S.S.
           Patna High Court CR. MISC. No.30040 of 2026(2) dt.06-05-2026
                                                       3/3




                                  7. However, it is made clear that thereafter the learned

                     Trial Court shall verify the criminal antecedent of the petitioner

                     and if it is found that petitioner has antecedent of more than one

                     case, it would be presumed that petitioner had concealed his

                     antecedent before this Court at para 3 of the anticipatory bail

                     application in that event the provisional anticipatory bail order

                     shall not be confirmed but if it is found on verification that

                     petitioner has antecedent of only one case in that event the

                     provisional anticipatory bail order shall be confirmed forthwith.


                                                                          (Satyavrat Verma, J)

Kundan/-

U     T


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