Patna High Court
Sonu Kumar @ Shakti Singh @ Shakti Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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
- Bihar Negotiable Instruments (or relevant) Statutes (BNSS) — s. 482(2)
- Bihar Prohibition and Excise Act, 2016 — s. 41(1), 41(2)
- Bihar Prohibition and Excise (Amendment) Act, 2018 — s. 30(a), 32(3)
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
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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
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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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