Patna High Court
Sonu Kumar VermaversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court provisionally granted anticipatory bail subject to conditions and verification of the petitioner’s criminal antecedents.
Summary
The petitioner, Sonu Kumar Verma, sought anticipatory bail after a case was registered against him under Section 30(a) of the Bihar Prohibition and Excise Act for alleged recovery of liquor and seizure of a motorcycle. He argued that he was not arrested at the spot, the liquor was not found in his possession, and he was implicated merely because he owned the seized vehicle, which his friend allegedly misused. The State opposed the bail, contending that the allegations warranted detention. The Court granted provisional anticipatory bail, requiring a bail bond of Rs.5,000 with two sureties and subject to verification of the petitioner’s criminal antecedents. It stipulated that if more than one antecedent is found, the bail would not be confirmed; if only one antecedent is found, the bail would be confirmed forthwith. The order was made under Section 438(2) of the Cr.P.C. and Section 482(2) of the Bihar Narcotic and S... Act.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 438 of the Cr.P.C.
- Whether ownership of a vehicle used in the alleged offence makes the owner liable for anticipatory bail denial.
- Whether the petitioner’s criminal antecedent affects the confirmation of anticipatory bail.
Legislation cited
- Bihar Narcotic and S... Act — s. 482(2)
- Bihar Prohibition and Excise Act — s. 30(a)
- Criminal Procedure Code — s. 438(2)
Subjects
- anticipatory bail
- Section 438 Cr.P.C.
- Bihar Prohibition and Excise Act
- vehicle ownership
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39439 of 2026
Arising Out of PS. Case No.-225 Year-2025 Thana- JALALPUR District- Saran
======================================================
Sonu Kumar Verma S/O Hiralal Verma R/O Village - Russi, P.S - Jalalpur,
District - Saran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Hemant Kumar, Advocate
For the Opposite Party/s : Mr. Humayou Ahmad Khan, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 30-06-2026 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 offence punishable under Section 30(a) of the
Bihar Prohibition and Excise Act.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of one case under the Excise Act and
allegation is of recovery of 4.320 litres of liquor from the garden
of Jai Prakash and a motorcycle was seized.
4. Learned counsel for the petitioner submits that
petitioner was not arrested from the spot, as such, nothing was
recovered from his conscious possession. It is further submitted
that petitioner came to be implicated based on the fact that he is
owner of the seized vehicle. It is next submitted that no prudent
person would use his own vehicle for committing an occurrence
Patna High Court CR. MISC. No.39439 of 2026(2) dt.30-06-2026
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and, thus, would create evidence against himself and, hence,
would get implicated. It is also submitted that petitioner was
completely unaware that his friend would misuse the vehicle in
the manner as alleged who also fled from the spot.
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 appearing on behalf of the petitioner, let the petitioner,
above-named, in the event of his arrest or surrender within a
period of six weeks from today, be released on provisional
anticipatory bail on furnishing bail bonds of Rs.5,000/- (Rupees
Five 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 Jalalpur P.S. Case
No. 225 of 2025, subject to the conditions as laid down under
Section 438(2) of the Cr.P.C./482(2) of the B.N.S.S.
7. However, it is made clear that thereafter the learned
Trial Court shall verify the criminal antecedent of the petitioner
and if it is found that petitioner has antecedent of more than one
case, it would be presumed that petitioner had concealed his
antecedent before this Court at para 3 of the anticipatory bail
application in that event the provisional anticipatory bail order
Patna High Court CR. MISC. No.39439 of 2026(2) dt.30-06-2026
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shall not be confirmed but if it is found on verification that
petitioner has antecedent of only one case in that event the
provisional anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Kundan/-
U T
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