Patna High Court
Solu Kumar @ Sonu Yadav @ Sonu KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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
- Bihar Excise Act — s. 30(a)
- Bihar Negotiable Sale (BNSS) — s. 482(2)
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
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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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