Patna High Court
Sonu KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court granted provisional anticipatory bail to the petitioner subject to conditions and verification of his criminal antecedent.
Summary
The petitioner, Sonu Kumar, sought anticipatory bail after learning that he might be arrested in a case under Sections 30(a), 32(ii) and 41(i) of the Bihar Excise Act for allegedly recovering 2,162.88 litres of liquor from a truck. He argued that he was not in possession of the seized liquor, was not the owner of the vehicle, and that the investigation relied solely on secret information without proper inquiry. The State opposed the bail, contending that the allegations were serious and that the petitioner had a history of five prior excise cases. The High Court, applying its inherent powers under Section 482(2) of the BNSS, granted provisional anticipatory bail conditioned on a bail bond of Rs. 25,000 with two sureties and directed verification of the petitioner’s criminal antecedent. The order further stipulated that if the petitioner is found to have more than five prior cases, the bail would be withdrawn, whereas confirmation would follow if the antecedent is exactly five cases.
Issues considered
- What is the applicability of Section 482(2) of the BNSS in granting anticipatory bail in excise cases?
- Whether the petitioner’s prior criminal antecedent of five excise cases bars the grant of anticipatory bail?
- Whether reliance on secret information without a proper investigation justifies denial of anticipatory bail?
Legislation cited
- Bihar Excise Act — s. 30(a), 32(ii), 41(i)
- Bihar Negotiable Securities Act — s. 482(2)
Subjects
- anticipatory bail
- excise law
- secret information
- criminal antecedent
- Section 482
- Bihar Excise Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.42197 of 2026
Arising Out of PS. Case No.-182 Year-2025 Thana- PATEPUR District- Vaishali
======================================================
Sonu Kumar S/O Subodh Ray Resident of village- Saidpur Dumra, P.S.-
Patepur, Dist.- Vaishali
... ... Petitioner/s
Versus
The State of Bihar Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Anish Kumar
For the Opposite Party/s : Mr.Kalyan Shankar
======================================================
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 offences punishable under Sections 30(a),
32(ii) and 41(i) of the Bihar Excise Act.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of five cases under the Excise Act and
allegation is of recovery of 2162.88 litres of liquor from a truck.
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 and is not the owner of
the seized vehicle and he came to be implicated based on secret
information which is the easiest way to implicate someone. It is
further submitted that once an accused is implicated in a case
Patna High Court CR. MISC. No.42197 of 2026(2) dt.30-06-2026
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relating to excise, the police starts implicating mechanically
either at the instance of Chowkidar, local person, confessional
statement or secret information without holding a proper
investigation. It is also submitted that petitioner earlier also in
similar manner came to be implicated in cases relating to
Excise.
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 before the learned trial court
within a period of six weeks from today, be released on
Provisional anticipatory bail on furnishing bail bonds of Rs.
25,000/- (Rupees Twenty-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
Patepur P.S. Case No. 182 of 2025, 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 more
than five cases then it would be presumed that petitioner, for the
Patna High Court CR. MISC. No.42197 of 2026(2) dt.30-06-2026
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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 has antecedent of five
cases, in that event the provisional anticipatory bail order shall
be confirmed forthwith.
(Satyavrat Verma, J)
Sumit/-
U T
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