Patna High Court
Sonu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRAVEEN KUMAR
Holding
The court granted anticipatory bail to the petitioner subject to conditions under Section 482(2).
Summary
The petitioner, Sonu Kumar, applied for anticipatory bail in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act, alleging that 360 litres of illicit liquor were seized from a motorcycle driven by a co‑accused. He contended that he was not present at the spot, the vehicle did not belong to him, and his name was implicated only through a co‑accused’s confession that he acted as a liner for the consignment. The State opposed the bail, citing the seriousness of the offence and the petitioner’s prior similar criminal antecedent. The court examined the facts, the nature of the alleged participation, and the statutory provisions governing anticipatory bail. It ordered that the petitioner be granted anticipatory bail, subject to a bail bond of Rs.10,000 with two sureties and conditions under Section 482(2) of the Bihar Narcotic and S... Act, provided he surrenders within six weeks.
Issues considered
- Whether anticipatory bail can be granted to the petitioner under Section 482(2) of the Bihar Narcotic and S... Act in a case under Section 30(a) of the Bihar Prohibition and Excise Act.
- Whether the petitioner’s alleged role as a liner and his prior criminal antecedent justify denial of anticipatory bail.
Legislation cited
- Bihar Narcotic and S... Act — s. 482(2)
- Bihar Prohibition and Excise Act — s. 30(a)
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- Section 30(a)
- Section 482(2)
- illicit liquor
- bail bond
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34404 of 2026
Arising Out of PS. Case No.-143 Year-2026 Thana- NADI P.S. District- Patna
======================================================
Sonu Kumar S/O Awdhesh Ray R/O Village- Himmatpur, P.S- Raghopur,
Distt.- Vaishali.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Jay Ram Prasad, Advocate
For the Opposite Party/s : Mr. Murli Dhar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
2 19-05-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The petitioner apprehends his arrest in this case in
connection with Nadi P.S. Case No. 143 of 2026 dated
18.04.2026 registered for the offences punishable under Section
30(a) of the Bihar Prohibition and Excise Act.
3. As per the allegation, 360 litres of illicit country-
made liquor was recovered from a motorcycle driven by co-
accused Shambhu Kumar.
4. Learned counsel for the petitioner has submitted
that the petitioner was not arrested at the spot and the
motorcycle, from which alleged recovery has been made, does
not belong to the petitioner. It has been further submitted that
name of the petitioner transpired on the basis of confessional
Patna High Court CR. MISC. No.34404 of 2026(2) dt.19-05-2026
2/2
statement of apprehended co-accused person who had stated the
role of petitioner being a liner of the co-accused, so as to
facilitate the safe reaching of the consignment. It has further
been submitted that petitioner has got one criminal antecedent
of similar nature, although he has been granted bail in that case.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for anticipatory bail of the petitioner.
6. Heard the parties and perused the record.
7. Considering the facts and circumstances of the
case, let the above named petitioner, in the event of his
arrest/surrender within a period of six weeks from today, be
enlarged on anticipatory bail on furnishing bail-bond of Rs.
10,000/- (Rupees ten thousand) with two sureties of the like
amount each to the satisfaction of the learned court concerned,
Patna City in connection with Nadi P.S. Case No. 143 of 2026,
subject to conditions as laid down under section 482(2) of the
B.N.S.S.
8. The application stands allowed.
(Praveen Kumar, J)
shivam/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.