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Patna High Court

Sonu KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court allowed anticipatory bail to the petitioner.

Summary

Petitioner Sonu Kumar sought anticipatory bail after learning that a case had been registered against him under Section 30(a) of the Bihar Prohibition and Excise Act for alleged possession of 100 litres of illicit country-made liquor recovered in plastic bags. The prosecution alleged that the liquor was recovered in connection with Nadi Police Station Case No. 191 of 2026, while the petitioner contended that no incriminating material was found in his conscious possession and he was not involved in the recovery. He also disclosed a prior similar criminal antecedent for which he was already on bail. The State opposed the bail application, arguing the seriousness of the offence and the petitioner’s past record. The Court, after considering the facts, granted anticipatory bail, directing the petitioner to surrender within eight weeks and to furnish a bail bond of Rs.10,000 with two sureties, subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita. The order was pronounced by Justice Prabhat Kumar Singh.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under Section 30(a) of the Bihar Prohibition and Excise Act.
  • Whether the absence of incriminating material in the petitioner’s possession justifies bail.
  • Whether the petitioner’s prior criminal antecedent precludes the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • Bihar Prohibition and Excise Act
  • illicit liquor
  • Section 30(a)
  • Section 482(2)
  • criminal antecedent
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.45180 of 2026
                        Arising Out of PS. Case No.-191 Year-2026 Thana- NADI P.S. District- Patna
                 ======================================================
                 Sonu Kumar S/o Awdhesh Rai @ Vilay Rai R/o Village - Himmatpur, P.S -
                 Raghopur, District - Vaishali

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Jay Ram Prasad, Advocate
                 For the Opposite Party/s :        Mr. Md. Anzarul Haque Sahara, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   09-07-2026                     Heard learned counsel for the petitioner and the

                   State.

                                2. Petitioner apprehends arrest in a case registered for

                   the offence punishable under Section 30(a) of the Bihar

                   Prohibition and Excise Act.

                                3. As per prosecution case, total 100 liters of illicit

                   country made liquor was recovered from plastic bags.

                                4. Learned counsel for the petitioner submits that no

                   incriminating material has been recovered from the conscious

                   possession of these petitioners and he is not concerned with the

                   alleged recovery or with the place of recovery. Petitioner has got

                   one criminal antecedent of similar nature in which he is on bail.

                                5. Learned A.P.P. for the State vehemently opposed

                   the bail application.
           Patna High Court CR. MISC. No.45180 of 2026(2) dt.09-07-2026
                                                       2/2




                                  6. Considering the aforesaid facts and circumstances,

                     this anticipatory bail is allowed and it is ordered that let the

                     above named petitioner in the event of his arrest/surrender

                     before the court below within a period of eight weeks from

                     today, be enlarged on bail on furnishing bail-bond of Rs.

                     10,000/- (ten thousand) each with two sureties of the like

                     amount each to the satisfaction of learned Special Judge, Excise,

                     Patna City, in connection with Nadi P. S. Case No. 191 of 2026,

                     subject to condition as laid down under Section 482(2) of the

                     Bharatiya Nagarik Suraksha Sanhita.



                                           (Prabhat Kumar Singh, J)
Alok/Sanjay-

U      T


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