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Patna High Court

Sonu KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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


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