Patna High Court
Sonu KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The court held that the recovery of illicit liquor from the petitioner's house makes the case unfit for anticipatory bail, leading to dismissal of the application.
Summary
The petitioner, Sonu Kumar, applied for anticipatory bail fearing arrest in a case (PS Case No.75 of 2026) for alleged offences under Section 30(a) of the Bihar Prohibition and Excise Act involving about 60 litres of illicit foreign liquor recovered from his house. The prosecution alleged that the liquor was seized and the petitioner fled when police arrived. The High Court examined whether the circumstances warranted anticipatory bail. Finding that the recovery of the liquor from the petitioner's premises indicated a fit case for prosecution, the court held that anticipatory bail could not be granted. Consequently, the application for anticipatory bail was dismissed, but the petitioner was directed to surrender within two weeks and may seek regular bail thereafter.
Issues considered
- Whether anticipatory bail can be granted when illicit liquor has been recovered from the petitioner's residence under the Bihar Prohibition and Excise Act.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
Subjects
- anticipatory bail
- regular bail
- Bihar Prohibition and Excise Act
- illicit liquor
- Section 30(a)
- criminal procedure
- bail application
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38563 of 2026
Arising Out of PS. Case No.-75 Year-2026 Thana- CHAKAND District- Gaya
======================================================
Sonu Kumar S/o Shambhu Kumar @ Shambhu Chaudhary R/o Vill- Chakand,
Ward No 11, Masjid Ke Pass, Chakand, Dist-Gaya ji
... ... Petitioner/s
Versus
The State of Bihar Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Arvind Kumar Singh
For the Opposite Party/s : Mr. Raj Kishor Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 17-06-2026 Heard the learned counsel for the petitioner and the
learned counsel for the State.
2. The petitioner apprehends arrest in connection with
Chakand P.S. Case No. 75 of 2026 registered for offences under
Section(s) 30(a) of the Bihar Prohibition and Excise Act.
3. As per the prosecution case, about 60 litres of illicit
foreign liquor were recovered from the house of the petitioner
who allegedly fled away upon seeing the police party.
4. Considering the recovery of the liquor from the
house of the petitioner, it is not a fit case for grant of
anticipatory bail.
5. Accordingly, the application for anticipatory bail is
hereby dismissed.
6. However, the petitioner is at liberty to surrender
Patna High Court CR. MISC. No.38563 of 2026(2) dt.17-06-2026
2/2
before the concerned Court below within a period of two weeks
from today and seek regular bail, if so advised.
7. In the event the petitioner surrenders and seeks
regular bail, the learned Special Judge shall consider the same
on its own merits, without being prejudiced by the dismissal of
the present anticipatory bail application, in accordance with law.
(Sandeep Kumar, J)
Shishir/-
U T
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