Patna High Court
Sonu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJIV ROY
Holding
Anticipatory bail was granted as the petitioner had no conscious possession of the seized liquor and the FIR did not establish an offence under the Act.
Summary
The petitioner, Sonu Kumar, feared arrest in a case where police seized 50 litres of illicit liquor from a motorcycle owned by him but used by another person. The prosecution alleged offences under Section 317(5) of the Bihar Narcotic Substances Act and Section 30(a) of the Bihar Prohibition and Excise Act. The petitioner contended that he was not present at the seizure, had no conscious possession of the liquor, and relied on a prior Patna High Court decision allowing anticipatory bail despite a statutory bar. The State opposed, citing the petitioner’s criminal antecedent and ownership of the vehicle. The Court, applying the earlier precedent, held that the lack of possession meant no offence was made out and granted anticipatory bail with strict conditions. The order directed the petitioner to furnish bail bond and comply with attendance and conduct requirements.
Issues considered
- Whether anticipatory bail can be granted under the Bihar Prohibition and Excise Act despite the bar in Section 76(2).
- Whether ownership of a vehicle used in the commission of an offence makes the owner liable for the offence.
- Whether the absence of conscious possession of seized liquor negates the existence of an offence under the relevant statutes.
Legislation cited
- Bihar Narcotic Substances Act — s. 317(5)
- Bihar Prohibition and Excise Act — s. 30(a), 76(2)
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- conscious possession
- seizure of illicit liquor
- vehicle ownership
- criminal antecedent
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.43857 of 2026
Arising Out of PS. Case No.-368 Year-2024 Thana- KALYANPUR District- East Champaran
======================================================
Sonu Kumar Son of Laln Ray @ Lalan Ray Resident of village - Sitalpur
Baradih, P.S.- Chakia, District - East Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Abhishek Kumar, Adv.
Ms. Harsha Shashwat, Adv.
For the Opposite Party/s : Mr. Bharat Bhushan, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 08-07-2026 Heard the parties.
2. The petitioner is apprehending his arrest in
connection with Kalyanpur P.S. Case No. 368 of 2024 for the
offence under sections 317(5) of BNS and 30(a) of the Bihar
Prohibition and Excise Act.
3. As per the prosecution story, the Police intercepted
a motorcycle which was being used by Sudhish Kumar Yadav
and 50 liter country made liquor recovered/seized. This led to
the FIR.
4. Learned counsel for the petitioner submits that the
motorcycle was handed over to Sudhish Kumar Yadav, he was
not present at the spot nor anything recovered from his
conscious possession. Only because he owns the motorcycle and
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has criminal antecedent, got implicated.
5. Further, learned counsel for the petitioner relied on
the judgment of the Full Bench of Hon’ble Patna High Court in
the case of Ram Vinay Yadav vs. State of Bihar reported in
2019 (2) PLJR 1089 wherein it has been held that an
application for anticipatory bail in a case arising out of Bihar
Excise and Prohibition Act can be maintained, despite the bar
under Section 76(2) of the Act, if on the basis of allegation
made in the FIR, no offence under the said provision is made
out.
6. Learned APP opposes the prayer submitting that he
has criminal antecedent and is owner of the motorcycle.
7. Taking into account the submissions of the parties
and the judgment in the case of Ram Vinay Yadav (supra), as
also that that nothing has been recovered from his conscious
possession, in that background, this Court is inclined to extend
him the privilege of anticipatory bail with conditions.
8. Let the petitioner be released on bail in the event of
arrest or surrender within a period of four weeks from the
receipt of this order, on furnishing bail bond of Rs. 10,000/-
(Ten thousand) with two sureties of like amount each to the
satisfaction of learned Exclusive Special Excise Court No. 3,
Patna High Court CR. MISC. No.43857 of 2026(2) dt.08-07-2026
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East Champaran, Motihari in connection with Kalyanpur P.S.
Case No. 368 of 2024 subject to the following conditions:
(i) one of the bailor should be the family
member/relative of the petitioner who shall provide official
document to show his/her bona fide;
(ii) the petitioner(s) shall be appearing before the
Police Station as and when required for co-operating in the
investigation;
(iii) the petitioner shall appear on each and every date
before the Trial Court and failure to do so for two consecutive
dates without plausible reason will entail cancellation of his
bail bond by the Trial Court itself;
(iv) the petitioner shall appear before the concerned
police station every fortnight for six months to mark his
attendance and after the end of the period, the certificate shall be
submitted before the Trial Court failing which steps shall be
taken for the cancellation of the bail bonds;
(v) the petitioner shall in no way try to induce or
promise or threat the witnesses or tamper with the evidences,
failing which the State shall be at liberty to take steps for
cancellation of the bail bonds;
(vi) the petitioner shall desist from committing any
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criminal offence again, failing which the State shall be at liberty
to take steps for cancellation of his bail bonds.
(Rajiv Roy, J)
Vijay Singh/-
U T
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