Patna High Court
Aniket Kumar @ Sonu RaiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RITESH KUMAR
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
- Bhartiya Nagrik Suraksha Sanhita, 2023 — s. 482(2)
- Bihar Prohibition & Excise Act — s. 30(a)
- Code of Criminal Procedure — s. 438(2)
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
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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
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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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