Patna High Court
Sanni KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail to the petitioner, subject to a bond, sureties, and verification of his criminal antecedent.
Summary
The petitioner, Sanni Kumar, was implicated in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022 for allegedly recovering ten litres of liquor from a sack that was not in his possession. He asserted that he has a clean criminal record, that the alleged liquor was recovered from a location unrelated to him, and that the complaint was motivated by a hostile watchman. The State opposed his application for anticipatory bail. The Court, after considering the submissions, granted provisional anticipatory bail conditioned on a bail bond of Rs.500 and two sureties of the same amount, subject to verification of the petitioner’s antecedent by the trial court. The order stipulated that if any prior case is discovered, the provisional bail would not be confirmed; otherwise, it would be confirmed. The decision was made under the provisions of Section 438(2) of the Criminal Procedure Code and Section 482(2) of the B.N.S.S.
Issues considered
- Whether anticipatory bail should be granted in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.
- Whether the petitioner’s clean antecedent and lack of possession of the alleged liquor justify the grant of anticipatory bail.
- Whether the conditions imposed under Section 438(2) Cr.P.C. and Section 482(2) B.N.S.S. are appropriate.
Legislation cited
- Bihar Prohibition and Excise (Amendment) Act, 2022 — s. 30(a)
- B.N.S.S. — s. 482(2)
- Criminal Procedure Code — s. 438(2)
Subjects
- anticipatory bail
- Section 30
- liquor offence
- clean antecedent
- Bihar Prohibition Act
- Cr.P.C. 438
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31722 of 2026
Arising Out of PS. Case No.-90 Year-2026 Thana- BHELDI District- Saran
======================================================
Sanni Kumar S/O Krishna Chaudhari @ Krishna Chaudhary R/O Village-
Mithepur, P.S.- Garkha, Distt.- Saran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Raushan Raj, Advocate
For the Opposite Party/s : Mr. Md. Iftekhar Mahmood, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 12-05-2026 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 is a person with clean antecedent and allegation is of
recovery of 10 litres of liquor from a sack.
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 even the alleged
recovery is from a place which does not belong to the petitioner
nor petitioner has any concern with the sack in question and he
came to be implicated at the instance of the Chawkidar with
whom petitioner is on an inimical term. It is further submitted
Patna High Court CR. MISC. No.31722 of 2026(2) dt.12-05-2026
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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, when petitioner
admittedly is a person with clean antecedent.
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.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 Bheldi P.S. Case
No. 90 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.
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 even one case,
it would be presumed that petitioner had concealed his
antecedent before this Court at para 3 of the anticipatory bail
Patna High Court CR. MISC. No.31722 of 2026(2) dt.12-05-2026
3/3
application in that event the provisional anticipatory bail order
shall not be confirmed but if it is found on verification that
petitioner is a person with clean antecedent in that event the
provisional anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Kundan/-
U T
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