Patna High Court
Sunny KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
Provisional anticipatory bail is granted subject to bond, sureties and verification of antecedent cases, with confirmation contingent on the finding of at most two prior cases.
Summary
The petitioner, Sunny Kumar, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Excise Act for allegedly recovering 15 litres of liquor from a sack near Itawan crossing. He argued that the liquor was not in his conscious possession, the alleged location did not belong to him, and the complaint was motivated by a hostile watchman. The State opposed the bail. The High Court granted provisional anticipatory bail on the condition that the petitioner furnish a bail bond of Rs.10,000 with two sureties and appear before the trial court within six weeks. The court further directed that the trial court verify the petitioner’s criminal antecedent; if more than two prior cases are found, the bail will not be confirmed, otherwise it will be confirmed immediately.
Issues considered
- Whether anticipatory bail should be granted in a case under Section 30(a) of the Bihar Excise Act where the alleged contraband was not in the petitioner’s conscious possession.
- Whether the petitioner’s antecedent of two prior cases affects the grant of anticipatory bail.
Legislation cited
- Bihar Criminal Procedure Code — s. 482(2)
- Bihar Excise Act — s. 30(a)
Subjects
- anticipatory bail
- excise law
- Section 30
- possession
- criminal antecedent
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37078 of 2026
Arising Out of PS. Case No.-47 Year-2025 Thana- CHANAN District- Lakhisarai
======================================================
Sunny Kumar S/o Chandrika Mahto R/o Village- Itauna, P.S.-Chanan, District
Lakhisarai
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rabi Bhushan
For the Opposite Party/s : Mr. Lakshmi Kant Sharma
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 16-06-2026 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 two cases and allegation is of
recovery of 15 liters of liquor from a sack near Itawan crossing.
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 even alleged
recovery is from a place which does not belong to the petitioner
and he came to be implicated at the instance of Chowkidar with
whom he is on an inimical term. It is also submitted that if
Patna High Court CR. MISC. No.37078 of 2026(2) dt.16-06-2026
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Chowkidar was aware of the involvement of the petitioner in the
occurrence then why he did not inform the police prior to
institution of the instant FIR which casts an aspersion on the
case of the prosecution.
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.
10000/- (Rupees Ten 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 Chanan
P.S. Case No. 47 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 two 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.37078 of 2026(2) dt.16-06-2026
3/3
anticipatory bail order shall not be confirmed, but after
verification if it is found that petitioner has antecedent of two
cases only, in that event the provisional anticipatory bail order
shall be confirmed forthwith.
(Satyavrat Verma, J)
Rishabh/-
U T
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