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Patna High Court

Sonu Kumar @ Sonu Kumar SinghversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted anticipatory bail to the petitioner, subject to monetary and attendance conditions.

Summary

The petitioner, Sonu Kumar, feared arrest in a case involving the alleged recovery of about 12 litres of illicit liquor under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2022. He claimed innocence, asserting that the liquor was intended for his delivery and that he was falsely implicated. The petitioner’s counsel offered to donate Rs. 25,000 to a charitable organization without admitting guilt. The court, after hearing both sides, allowed the anticipatory bail application, directing the petitioner to furnish a bail bond of Rs. 10,000 with two sureties and to deposit Rs. 25,000 with Ramakrishna Math, producing a receipt. Additional conditions included regular attendance at the police station every Sunday, with non‑compliance leading to bail cancellation.

Issues considered

  • What is the appropriateness of granting anticipatory bail under Section 438 of the CrPC in a case under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2022?

Legislation cited

Subjects

  • anticipatory bail
  • illicit liquor
  • Section 30(a)
  • Section 438 CrPC
  • bail conditions
  • prohibition law

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.38662 of 2026
                     Arising Out of PS. Case No.-81 Year-2026 Thana- MUFFASIL District- Aurangabad
                 ======================================================
                 Sonu Kumar @ Sonu Kumar Singh S/O Pravesh Singh R/O Vill.- Dalelchak,
                 Purnadih, P.S.- Madanpur, Dist.- Aurangabad, Bihar.
                                                                            ... ... Petitioner/s
                                                    Versus
                 The State of Bihar Bihar
                                                                     ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Aman Vishal
                 For the Opposite Party/s :       Mr.Parmanand Prasad
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   17-06-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                                   2. The petitioner apprehends his arrest in

                   connection with Aurangabad Muffasil P.S. Case No. 81 of 2026

                   under Section 30(a) of the Bihar Prohibition and Excise

                   Amendment Act, 2022.

                                   3. As per the prosecution case, the recovery is of

                   approx 12 liters of illicit liquor.

                                   4. It has been submitted by the learned counsel for

                   the petitioner that the petitioner is innocent and he has falsely

                   been implicated in this case on the basis of the fact that the

                   liquor was meant to be delivered to the petitioner.

                                     5. Learned counsel for the petitioner submits that

                   the petitioner is ready to donate Rs. 25,000/- in some charitable

                   organization without accepting his guilt.

                                   6. Considering the aforesaid facts, this application

                   is allowed.
          Patna High Court CR. MISC. No.38662 of 2026(2) dt.17-06-2026
                                                      2/2




                                    7. Let the petitioner, above named, in the event of

                    his arrest or surrender before the concerned Court below within

                    four weeks from today, be released on bail on furnishing bail

                    bond of Rs. 10,000/- (Ten Thousand) with two sureties of the

                    like amount each to the satisfaction of the learned Court below

                    in connection of Aurangabad Muffasil P.S. Case No.81 of 2026,

                    subject to the conditions laid down in Section 438(2) of the

                    Code of Criminal Procedure, 1973 / Section 482 of the BNSS.

                                    8. This is also subject to the condition that the

                    petitioner shall deposit an amount of Rs. 25,000/- in

                    Ramakrishna Math, Village Jharha (near Matua Pahar), Halka

                    Chilore, P.O. Gurua, Dist. Gayaji, Bihar 824205 and produce the

                    receipt of the same before the Court below. The bail bonds of

                    the petitioner shall be accepted after verifying the genuineness

                    of the receipt produced by the petitioner.

                                 9. As a condition of this order, the petitioner, after

                    being released on anticipatory bail, is directed to mark his

                    attendance at Madanpur Police Station on every Sunday of each

                    month. Any default in appearance at the police station will result

                    in cancellation of bail bonds of the petitioner.


                                                                  (Sandeep Kumar, J)
Vikas/-
U


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