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Patna High Court

Aniket Kumar @ Sonu RaiversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court held that anticipatory bail may be granted despite the petitioner’s prior criminal record, provided it is conditioned on verification of antecedents and compliance with statutory bail provisions.

Summary

The petitioner, Aniket Kumar, sought anticipatory bail after being implicated in a case under section 30(a) of the Bihar Prohibition & Excise Act for alleged involvement in the illegal transport of 164.160 litres of foreign liquor seized near a mango orchard. Identification of the petitioner was based solely on the testimony of a local chowkidar, who linked him to the incident because of his prior criminal record in similar cases. The State argued that his antecedents made him a habitual offender and that bail should be denied. The Court examined the material evidence, noting that the petitioner was not apprehended at the scene and that the identification was not corroborated by any other evidence. It held that anticipatory bail could be granted despite the antecedents, subject to strict conditions under Section 438(2) of the CrPC and Section 482(2) of the Bhartiya Nagrik Suraksha Sanhita, 2023. Accordingly, the Court ordered bail on a bond of Rs.10,000 with two sureties and imposed verification of criminal antecedents as a condition.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner when identification is based solely on a chowkidar's testimony and prior criminal antecedents.
  • Whether the petitioner’s previous convictions under similar offences preclude the grant of anticipatory bail under Section 438 CrPC.
  • Whether the seizure of foreign liquor near the mango orchard establishes sufficient grounds for arrest without further corroborative evidence.

Legislation cited

Subjects

  • anticipatory bail
  • Bihar Prohibition & Excise Act
  • criminal antecedents
  • identification by witness
  • seizure of liquor
  • Section 438 CrPC
  • Section 482 Bhartiya Nagrik Suraksha Sanhita

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.34121 of 2026
                      Arising Out of PS. Case No.-57 Year-2026 Thana- KUDHNI District- Muzaffarpur
                 ======================================================
                 Aniket Kumar @ Sonu Rai S/O Late Chandeshwar Rai R/O Village-
                 Mankauli, P.S- Fakuli, District- Muzaffarpur.
                                                                      ... ... Petitioner/s
                                                    Versus
                 The State of Bihar
                                                               ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Ravi Ranjan, Advocate
                 For the Opposite Party/s :        Mr.Shailendra Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RITESH KUMAR
                                       ORAL ORDER

2   18-05-2026                  Heard the learned counsel for the petitioner and the

                   learned A.P.P. for the State.

                                2. The petitioner apprehends his arrest in connection

                   with Kudhani P.S. Case No. 57 of 2026 registered for the

                   offences punishable under section 30(a) of the Bihar Prohibition

                   & Excise Act.

                                3. As per the prosecution story which has been lodged

                   on the basis of the written report submitted by the informant to

                   the effect that on 05.04.2026, while the informant along with

                   S.A.A.P forces was on patrolling duty at N.H.-22 Balia over

                   bridge, he received a secret information that two liquor traders

                   are loading liquors on two motorcycle near mango orchard of

                   Yogendra Singh. Upon such information, the informant

                   informed to the senior officials and reached at the said place.

                   Upon seeing the police party, six persons on two motorcycles
Patna High Court CR. MISC. No.34121 of 2026(2) dt.18-05-2026
                                            2/3




          started fleeing. All the persons succeeded in fleeing away. The

          local Chowkidar identified the persons who fled away as Aniket

          Kumar @ Sonu Rai, Raju Kumar, Sunil Kumar, Pankaj Kumar,

          but he did not identify two other persons. Total 164.160 litres of

          foreign liquors was recovered from the road near mango orchard

          of Yogendra Singh and seizure list was prepared.

                       4. The learned counsel for the petitioner submits that

          petitioner has been falsely implicated in this case on account of

          his criminal antecedents. The petitioner has got no concern with

          the seized liquor. He submits that the liquor was seized from

          road near mango orchard. Moreover, on the basis of the

          identification done by the local Chowkidar, the petitioner has

          been made accused in this case. Except this, there is nothing

          against this petitioner. He further submits that petitioner has got

          five criminal antecedents of similar nature and he is on bail in

          all those cases.

                       5. The learned A.P.P. for the State submits that the

          petitioner is accused in five cases of similar nature and submits

          that he is habitual offender and therefore he does not deserve

          anticipatory bail.

                       6. Having heard the learned counsel for the parties

          and after going through the records, it appears that 164.160

          litres of foreign liquor was recovered near the mango orchard

          and petitioner was not apprehended on the spot. The name of the

          petitioner has transpired in this case on the basis of statement
             Patna High Court CR. MISC. No.34121 of 2026(2) dt.18-05-2026
                                                         3/3




                       given by the local Chowkidar, since he is accused in similar

                       nature of cases. Considering the same, let the above named

                       petitioner, in the event of arrest/surrender within a period of six

                       weeks, be enlarged on bail on furnishing bail-bond of Rs.

                       10,000/- (Ten Thousand) with two sureties of the like amount

                       each to the satisfaction of learned Exclusive Special Judge

                       Excise Court No. II, Muzaffarpur in connection with Kudhani

                       P.S. Case No. 57 of 2026, subject to conditions as laid down

                       under Section 438(2) of the Code of Criminal Procedure/ 482(2)

                       of the Bhartiya Nagrik Suraksha Sanhita, 2023 with further

                       condition:

                                    (i) The trial court shall verify the criminal antecedent

                       of the petitioner and in case at any stage it is found that the

                       petitioner has concealed his criminal antecedents, the court

                       concerned shall take step for cancellation of bail bonds of the

                       petitioner. However, the acceptance of bail bonds in terms of the

                       above-mentioned order shall not be delayed for purpose of or in

                       the name of verification.


                                                   (Ritesh Kumar, J)


vinita/-
U        T


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