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Patna High Court

Sanni KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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
                                            2/3




          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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