Patna High Court
Sonu Kumar @ Sonu SahversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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
- Bihar Prohibition and Excise Act — s. 30(a)
- B.N.S.S. — s. 482(2)
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
2/3
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
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.