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Patna High Court

Sonu Kumar @ Sonu Kumar Singh @ Ritik SinghversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court provisionally granted anticipatory bail to the petitioner subject to specified conditions and verification of his antecedents.

Summary

The petitioner, Sonu Kumar, sought anticipatory bail fearing arrest under Section 30(a) of the Bihar Excise Act for allegedly recovering 4.5 litres of liquor from a paper‑plate factory. He argued that the liquor was not found in his possession, the alleged recovery occurred on premises not owned by him, and the complaint was initiated by a chowkidar whose prior knowledge raises doubts about the prosecution's case. The State opposed the bail, contending the seriousness of the offence. The Court granted provisional anticipatory bail, conditioning it on a bail bond of Rs.10,000 with two sureties, a deposit of Rs.2,500 with the Advocates’ Association, and a verification of the petitioner’s criminal antecedents within six weeks. The order stipulated that if more than two prior cases are 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 30(a) of the Bihar Excise Act.
  • Whether the circumstances of the alleged recovery and the role of the chowkidar justify granting bail.
  • Whether the petitioner’s criminal antecedent warrants denial of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • excise law
  • Section 30
  • bail conditions
  • criminal antecedent
  • police investigation

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.3417 of 2026
                         Arising Out of PS. Case No.-243 Year-2025 Thana- MAKER District- Saran
                 ======================================================
                 Sonu Kumar @ Sonu Kumar Singh @ Ritik Singh S/O Surendra Singh @
                 Surendra Kumar Singh R/O Vill.- Shobhe Tola, P.S.- Parsa, Dist.- Saran at
                 Chhapra.

                                                                                   ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Dewendra Narayan Singh
                 For the Opposite Party/s :        Mr.Manoj Kumar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   29-01-2026               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 offences punishable under Section 30(a) of the

                   Bihar Excise Act.

                             3.    Learned counsel for the petitioner submits that the

                   petitioner has antecedent of two cases out of which one case is

                   under the Excise Act and allegation is of recovery of 4.5 litres of

                   liquor from paper-plate factory.

                             4.    Learned counsel for the petitioner submits that the

                   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
Patna High Court CR. MISC. No.3417 of 2026(2) dt.29-01-2026
                                            2/3




          and he came to be implicated at the instance of Chowkidar but

          then it is submitted that if the Chowkidar was aware about the

          involvement of the petitioner in the occurrence, then why he did

          not inform the police prior to institution of the instant FIR,

          which casts an aspersion on the case of the prosecution. It is

          further submitted that once an accused is implicated in a case

          relating to excise, the police starts implicating mechanically

          either at the instance of Chowkidar, local person, confessional

          statement or secret information without holding a proper

          investigation.

                   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 for the petitioner, the petitioner above-named, in the event

          of his arrest or surrender before the learned trial court within a

          period of six weeks from today, be released on Provisional

          anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees

          Ten 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 Maker P.S. Case No.

          243 of 2025, subject to the conditions as laid down under Section

          482(2) of the BNSS.

                   7.     It is made clear that thereafter the learned Trial Court
              Patna High Court CR. MISC. No.3417 of 2026(2) dt.29-01-2026
                                                          3/3




                        shall verify the criminal antecedent of the petitioner and in the

                        event if it is found that petitioner has antecedent of more than two

                        cases then it would be presumed that petitioner, for the purposes of

                        seeking anticipatory bail, had concealed his antecedent before this

                        Court, as such, the provisional anticipatory bail order shall not be

                        confirmed, but after verification if it is found that petitioner has

                        antecedent of two cases in that event the provisional anticipatory

                        bail order shall be confirmed forthwith.

                                 8.     At this stage, the learned counsel for the petitioner

                        based on instruction submits that petitioner undertakes to deposit

                        an amount of Rs. 2,500/- with Advocates’ Association, Patna High

                        Court within a period of two weeks from today.



                                                  (Satyavrat Verma, J)
Sumit/-

U         T


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