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Patna High Court

Sanni Kumar @ Shanni KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Anticipatory bail may be granted where procedural lapses exist and the petitioner’s alleged connection to the offence is tenuous, subject to conditions under Section 482(2) of the B.N.S.S.

Summary

The petitioner, Sanni Kumar, sought anticipatory bail in a case (PS‑531/2026) alleging possession of 180 litres of illicit foreign liquor, punishable under Sections 30(a) and 41 of the Bihar Prohibition and Excise Amendment Act‑2022. He contended that the vehicle from which the liquor was recovered did not belong to him and that his name was recorded only on the basis of statements of co‑accused, and that the procedure under Section 105 of the B.N.S.S. was not followed. The State opposed the bail, arguing the seriousness of the offence. The Court considered the procedural lapses and the petitioner’s claim of non‑ownership, and ordered that anticipatory bail be granted if he surrenders within six weeks, subject to a bail‑bond of Rs 10,000 with two sureties and conditions under Section 482(2) of the B.N.S.S. The application was allowed.

Issues considered

  • Whether anticipatory bail can be granted in a case under the Bihar Prohibition and Excise Amendment Act‑2022 for alleged possession of illicit liquor
  • Whether the procedural requirements of Section 105 of the B.N.S.S. were complied with
  • Whether the petitioner’s alleged involvement justifies denial of anticipatory bail

Legislation cited

Subjects

  • anticipatory bail
  • illicit liquor
  • Bihar Prohibition and Excise Amendment Act
  • Section 30(a)
  • Section 41
  • Section 105
  • Section 482(2)
  • bail bond
  • sureties

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.34414 of 2026
                    Arising Out of PS. Case No.-531 Year-2026 Thana- AHIYAPUR District- Muzaffarpur
                 ======================================================
                 Sanni Kumar @ Shanni Kumar S/O Ram Shringar Ray @ Ramsingar Rai R/O
                 Village- Raghopur, P.S- Ahiyapur, District- Muzaffarpur.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Yugal Kishore, Advocate
                 For the Opposite Party/s :       Mr. Indu Kumari Srivastava, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
                                       ORAL ORDER

2   19-05-2026                  Heard learned counsel for the petitioner and learned

                   counsel for the A.P.P.

                                2. The petitioner is apprehending his arrest in a case

                   in connection with Ahiyapur P.S. Case No.531 of 2026

                   registered for the offences punishable under Section 30(a) and

                   41 of the Bihar Prohibition and Excise Amendment Act-2022.

                                3. As per the allegation, 180 liters of illicit foreign

                   liquor was recovered from the two vehicles. The petitioner is

                   alleged to be the person, who fled away from one of the

                   vehicles.

                                4. Learned counsel for the petitioner has submitted

                   that the vehicle from which alleged recovery has been made

                   does not belong to him and the name of the petitioner transpired

                   on the basis of apprehended co-accused before the police while
         Patna High Court CR. MISC. No.34414 of 2026(2) dt.19-05-2026
                                                     2/2




                   in police custody. It has further been submitted that the

                   procedure prescribed under Section 105 of the B.N.S.S. has not

                   been followed and although, petitioner was made accused in one

                   more case of similar nature, but is on bail in that case.

                                5.Learned A.P.P. for the State has vehemently opposed

                   the prayer for anticipatory bail of the petitioner.

                                6. 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 Exclusive Special

                   Judge, Excise Court No. I, Muzaffarpur, in connection with

                   Ahiyapur P.S. Case No. 531 of 2026, subject to conditions as

                   laid down under Section 482(2) of the B.N.S.S.

                                7. This application stands allowed.



vashudha/-Aman                                (Praveen Kumar, J)
U      T


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