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Patna High Court

Sonu Kumar @ Sonu SahversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court granted provisional anticipatory bail subject to verification of the petitioner’s antecedents and compliance with the stipulated conditions.

Summary

The petitioner, Sonu Kumar, sought anticipatory bail fearing arrest in a case registered under Section 30(a) of the Bihar Prohibition and Excise Act for alleged recovery of 10.335 litres of liquor from a hut situated in an agricultural field he co‑owns. He contended that he has a clean antecedent, that the liquor was not found in his conscious possession, and that the field is open to villagers, making it implausible that he could have committed the offence. The State opposed the bail, arguing that the investigation warranted his detention. The Court, after considering the submissions, granted provisional anticipatory bail on the condition of furnishing a bail bond of Rs.500 with two sureties and directed the trial court to verify the petitioner’s antecedents. It further held that if any prior case is discovered, the bail would not be confirmed, whereas a clean record would lead to immediate confirmation of the bail order.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under Section 482(2) of the B.N.S.S. in a case under Section 30(a) of the Bihar Prohibition and Excise Act
  • Whether the absence of liquor in the petitioner’s conscious possession and his clean antecedent justify the grant of anticipatory bail

Legislation cited

Subjects

  • anticipatory bail
  • Bihar Prohibition and Excise Act
  • Section 30(a)
  • Section 482(2)
  • clean antecedent
  • liquor seizure
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.45377 of 2026
                      Arising Out of PS. Case No.-57 Year-2026 Thana- BELSAND District- Sitamarhi
                 ======================================================
                 Sonu Kumar @ Sonu Sah S/o- Bhola Sah R/village- Pachnaur, P.S.-Belsand,
                 Dist- Sitamarhi

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

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

2   10-07-2026                  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 offence punishable under Section 30(a) of

                   Bihar Prohibition and Excise Act.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 10.335 litres of liquor from a hut in agricultural

                   field of Bhola Sah and petitioner.

                                4. Learned counsel for the petitioner submits that

                   petitioner was not arrested from the spot as such nothing was

                   recovered from his conscious possession and agricultural field is

                   accessible to villagers at large and no prudent person would use

                   his own field for committing an occurrence and thus would
Patna High Court CR. MISC. No.45377 of 2026(2) dt.10-07-2026
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          create evidence against himself and hence would get implicated

          and he came to be implicated based on secret information which

          is the easiest way to implicate someone, without holding a

          proper investigation, when petitioner admittedly is a person with

          clean antecedent.

                       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 within a period of six weeks

          from today, be released on provisional anticipatory bail on

          furnishing bail bonds of Rs.500/- (Rupees five hundred) 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 Belsand P.S. Case No.57 of 2026, subject to the

          conditions as laid down under Section 482(2) of the B.N.S.S.

                       7. It is made clear that the learned trial court thereafter

          shall verify the criminal antecedents of the petitioner and in the

          event if it is found that petitioner has antecedent of even one

          case, in that event, it would be presumed that petitioner had

          concealed his antecedent before this court, as such, the

          provisional anticipatory bail order shall not be confirmed but if
             Patna High Court CR. MISC. No.45377 of 2026(2) dt.10-07-2026
                                                         3/3




                       on verification it is found that petitioner is a person with clean

                       antecedent, in that event the provisional anticipatory bail order

                       shall be confirmed forthwith.



                                                 (Satyavrat Verma, J)
amit/-

U        T


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