Patna High Court
Sonu Kumar @ Sonu Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
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
- Bihar Narcotic Substances (or related) Act — s. 482
- Bihar Prohibition and Excise (Amendment) Act, 2022 — s. 30(a)
- Criminal Procedure Code — s. 438(2)
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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