Patna High Court
Sonu Singh @ Sonu KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail subject to verification of the petitioner’s criminal antecedent, with confirmation contingent on the number of prior cases.
Summary
The petitioner, Sonu Singh, feared arrest in a case under Section 30(a) of the Bihar Excise Act concerning the alleged recovery of 80 litres of liquor from a boat. He argued that he was not in possession of the liquor, was not the owner of the boat, and was implicated by a hostile chowkidar without proper investigation. The State opposed his request for anticipatory bail. The High Court, considering the submissions, granted provisional anticipatory bail conditioned on a bail bond of Rs.15,000 with two sureties and directed verification of the petitioner’s criminal antecedent. The order stipulated that if more than three prior cases are found, the bail would not be confirmed; if exactly three are found, the bail would be confirmed. The court exercised its inherent powers under Section 482(2) of the BNSS to issue the provisional bail.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 482(2) of the BNSS in a case under the Bihar Excise Act.
- Whether the alleged lack of proper investigation and the petitioner’s alleged non-possession of the seized liquor affect the grant of anticipatory bail.
- How the petitioner’s criminal antecedent influences the confirmation of anticipatory bail.
Legislation cited
- Bihar Excise Act — s. 30(a)
- BNSS — s. 482(2)
Subjects
- anticipatory bail
- excise law
- Section 30
- Bihar Excise Act
- police investigation
- criminal antecedent
- Section 482
- High Court inherent powers
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34742 of 2026
Arising Out of PS. Case No.-35 Year-2026 Thana- BALIA BELON District- Katihar
======================================================
Sonu Singh @ Sonu Kumar Son of Babu Singh Resident of Village -
Basandho, P.S.- Balia Belon, District - Katihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shivendra Prasad, Advocate
For the Opposite Party/s : Mr. Suresh Prasad Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 25-06-2026 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
petitioner has antecedent of three cases under the Excise Act and
allegation is of recovery of 80 liters of liquor from a boat.
4. Learned counsel for the petitioner submits that
petitioner was not apprehended from the spot as such nothing
was recovered from his conscious possession and is not the
owner of the seized boat and he came to be implicated at the
instance of Chowkidar with whom he is on an inimical term. It
is also submitted that once an accused is implicated in a case
Patna High Court CR. MISC. No.34742 of 2026(3) dt.25-06-2026
2/3
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.
15000/- (Rupees Fifteen 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 Balia
Belon P.S. Case No. 35 of 2026 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 shall verify the criminal antecedent of the petitioner and
in the event if it is found that petitioner has antecedent of more
than three 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
Patna High Court CR. MISC. No.34742 of 2026(3) dt.25-06-2026
3/3
anticipatory bail order shall not be confirmed, but after
verification if it is found that petitioner has antecedent of three
cases, in that event the provisional anticipatory bail order shall
be confirmed forthwith.
(Satyavrat Verma, J)
Rishabh/-
U T
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