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Patna High Court

Solu Kumar @ Sonu Yadav @ Sonu KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

Provisional anticipatory bail may be granted subject to a bail bond, sureties, and verification of the petitioner’s criminal antecedent.

Summary

The petitioner, Solu Kumar, was implicated in a case under Section 30(a) of the Bihar Excise Act for the alleged recovery of 106.5 litres of liquor from a roadside location that does not belong to him. He was identified by a home guard, but the police did not seize any liquor from his possession at the time of arrest. The petitioner, who has eight prior criminal cases, sought anticipatory bail fearing arrest. The State opposed the bail, arguing the seriousness of the offence and the petitioner’s antecedent. The Court, noting the lack of direct recovery and the identification basis, granted provisional anticipatory bail conditioned on a bail bond of Rs.40,000 with two sureties and directed verification of his criminal antecedent. The order stipulated that if the petitioner is found to have more than eight prior cases, the bail would not be confirmed; otherwise, it would be confirmed forthwith.

Issues considered

  • Whether anticipatory bail should be granted in a case under Section 30(a) of the Bihar Excise Act where the accused was not caught in possession of the alleged liquor.
  • Whether the petitioner’s criminal antecedent of eight cases precludes the grant of anticipatory bail.
  • Whether the identification by a home guard without seizure of contraband suffices for arrest.

Legislation cited

Subjects

  • anticipatory bail
  • excise offence
  • criminal antecedent
  • identification
  • Section 30(a) Bihar Excise Act
  • Section 482(2) BNSS
  • bail bond

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.44109 of 2026
                     Arising Out of PS. Case No.-152 Year-2026 Thana- PARBATTA District- Khagaria
                 ======================================================
                 Solu Kumar @ Sonu Yadav @ Sonu Kumar Son of Chandradev @ Chandra
                 Dev Yadav Resident of Village - Baisa, Police Station - (Maraiya O.P.)
                 Parbatta, District - Khagaria.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Shashank Shekhar
                 For the Opposite Party/s :       Mr. Mritunjay Kumar Nirala
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   07-07-2026                  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 Section 30(a) of the

                   Bihar Excise Act.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of eight cases out of which one case is

                   under the Excise Act and allegation is of recovery of 106.5 liters

                   of liquor from roadside.

                                4. Learned     counsel for the petitioner submits that

                   petitioner was not apprehended from the spot as such nothing

                   was recovered from his conscious possession and even alleged

                   recovery is from a place which does not belong to the petitioner
Patna High Court CR. MISC. No.44109 of 2026(2) dt.07-07-2026
                                            2/3




          and is accessible to villagers at large              and he came to be

          implicated based on identification made by Sanjay Yadav, Home

          Guard. It is next submitted that of late police has started

          implicating accused having criminal antecedent in cases relating

          to excise for obvious reasons without holding a proper

          investigation.

                       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.

          40000/- (Rupees Forty 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 Parbatta

          P.S. Case No. 152 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 more than

          eight cases then it would be presumed that petitioner, for the

          purposes of seeking anticipatory bail, had concealed his antecedent
            Patna High Court CR. MISC. No.44109 of 2026(2) dt.07-07-2026
                                                        3/3




                      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 eight cases only that event the

                      provisional anticipatory bail order shall be confirmed forthwith.



                                                        (Satyavrat Verma, J)
Rishabh/-

U      T


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