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Patna High Court

Sonu Kumar @ Shakti Singh @ Shakti Kumar SinghversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The High Court provisionally granted anticipatory bail to the petitioner, subject to bond, sureties, and verification of his criminal antecedent.

Summary

The petitioner, Sonu Kumar, was implicated in an excise case for allegedly recovering 2,060 litres of liquor from two vehicles, though he claimed no ownership of the vehicles and a clean criminal record. He sought anticipatory bail fearing arrest under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Amendment Act, 2018 and Sections 41(1) and 41(2) of the Bihar Prohibition and Excise Act, 2016. The State opposed the bail, arguing the seriousness of the offences. The High Court, considering the petitioner's clean antecedent and lack of direct possession, granted provisional anticipatory bail conditioned on a modest bail bond and two sureties, subject to verification of his criminal record. The Court stipulated that if any antecedent is discovered, the bail would not be confirmed; otherwise, it would be confirmed upon verification.

Issues considered

  • Whether anticipatory bail can be granted in a case under the Bihar Prohibition and Excise Acts.
  • Whether the petitioner’s lack of direct possession and clean antecedent justify provisional anticipatory bail.
  • Whether Section 482(2) of the BNSS empowers the High Court to impose conditions and verification on anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • excise law
  • liquor seizure
  • clean antecedent
  • Section 482
  • Bihar Prohibition Act

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.39763 of 2026
                     Arising Out of PS. Case No.-388 Year-2026 Thana- Excise P.S. District- Aurangabad
                 ======================================================
                 Sonu Kumar @ Shakti Singh @ Shakti Kumar Singh S/o Late Ram Lakhan
                 Singh R/o Vill- Manjhauliya, P.S.- Amas, Distt- Gayaji

                                                                                      ... ... Petitioner/s
                                                         Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Ms.Mukul Kumari
                 For the Opposite Party/s :         Md. Iftekhar Mahmood
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   23-06-2026               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 Sections 30(a) and

                   32(3) of the Bihar Prohibition and Excise Amendment Act 2018

                   and Sections 41(1) and 41(2) of the Bihar Prohibition and

                   Excise Act 2016.

                             3.     Learned counsel for the petitioner submits that the

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 2060 litres of liquor from two vehicles.

                             4.     Learned counsel for the petitioner submits that the

                   petitioner was not arrested from the spot as such nothing was

                   recovered from his conscious possession is not the owner of any

                   of the seized vehicles and he came to be implicated based on
Patna High Court CR. MISC. No.39763 of 2026(2) dt.23-06-2026
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          secret information which is the easiest way to implicate

          someone without holding a proper investigation, when petitioner

          admittedly is a person with clean antecedent.

                   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 within a period of six weeks

          from today, be released on Provisional anticipatory bail on

          furnishing bail bonds of Rs. 500/- (Rupees Five Hundred) 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 Excise P.S. Case No. 388 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 even

          one case 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

          anticipatory bail order shall not be confirmed, but after

          verification if it is found that petitioner is a person with clean
              Patna High Court CR. MISC. No.39763 of 2026(2) dt.23-06-2026
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                        antecedent in that event the provisional anticipatory bail order

                        shall be confirmed forthwith.



                                                  (Satyavrat Verma, J)
Sumit/-

U         T


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