Sonu KumarversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.35535 of 2026
                       Arising Out of PS. Case No.-149 Year-2026 Thana- MASAUDHI District- Patna
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                 Sonu Kumar Son of Rupchand Chaudhary Resident of Village- Taregnadih,
                 P.S.- Masaurhi, District- Patna

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

                                                        ... ... Opposite Party/s
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                 Appearance :
                 For the Petitioner/s    :        Mr. Binod Kumar Singh, Advocate
                 For the State           :        Ms. Shaheen Begum, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RITESH KUMAR
                                       ORAL ORDER

2   21-05-2026                Heard the learned counsel for the petitioner and the learned

                   Additional Public Prosecutor for the State.

                               2. The petitioner apprehends his arrest in connection with

                   Masaurhi P.S. Case No. 149 of 2026, for allegedly having committed

                   offence under Sections 30(a) of the Bihar Prohibition and Excise

                   (Amendment) Act, 2022.

                               3. As per the prosecution story which has been lodged on

                   the basis of the written report submitted by the informant to the effect

                   that he got information that the petitioner and three other persons

                   have brought foreign liquor in a black Scorpio having Registration

                   No. BR01JA-9234 and which is standing on the Block Road. To

                   verify the same, the informant along with the police party reached

                   there and two persons were apprehended, while they were unloading

                   the foreign liquor. Upon seeing the police party, two other persons

                   fled away. From the Scorpio, 28.35 liters of foreign liquor was
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          recovered, for which a seizure list was also prepared.

                      4. Learned counsel appearing on behalf of the petitioner

          submits that the petitioner is innocent and has not committed any

          offence. The petitioner is neither the owner nor the driver of the

          vehicle and the illicit liquor which has been recovered from the

          Scorpio does not belongs to the petitioner. He further submits that the

          name of the petitioner has transpired in the present case only on the

          basis of the confessional statement of the co-accused, who were

          taken into custody at the time of raid. He further submits that the

          petitioner is also an accused in Masaurhi P.S. Case No. 420 of 2025

          under the Excise Act.

                      5. Per contra, the learned APP for the State opposes the

          prayer for bail of the petitioner and submits that the petitioner has got

          an antecedent of similar nature and there is every chance that if he

          will be granted anticipatory bail, he will again indulge in the same

          activity.

                       6. Having heard the learned counsel for the parties and

          after going through the records, it appears that the alleged liquor has

          been seized from a vehicle, which does not belong to the petitioner.

          The petitioner was not arrested at the place of the occurrence and

          nothing has been recovered from him. The petitioner has got one

          criminal antecedent of similar nature.

                       7. Considering the facts aforesaid, let the petitioner, above

          named, in the event of his arrest or surrender within a period of six
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                       weeks, be released on 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 Chief Judicial Magistrate, Patna in

                       connection with Masaurhi P.S. Case No. 149 of 2026, subject to the

                       conditions as laid down under Section 482(2) of the B.N.S.S., with a

                       further condition that :-

                                    The learned court concerned shall verify the criminal

                       antecedent of the petitioner and in case at any stage it is found that

                       the petitioner has concealed his criminal antecedent, the court

                       concerned shall take steps for cancellation of bail bond of the

                       petitioner. However, the acceptance of bail bond in terms of the

                       above-mentioned order shall not be delayed for purpose of or in the

                       name of verification.



                                                   (Ritesh Kumar, J)
priyanka/-

U      T