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Patna High Court

Sunny KumarversusThe state of bihar

Decided
Disposal
DISPOSED

Holding

The Court provisionally granted anticipatory bail subject to bond, sureties, and verification of the petitioner’s antecedent.

Summary

The petitioner, Sunny Kumar, sought anticipatory bail after the police registered a case under Section 30(a) of the Bihar Excise Act alleging recovery of 156 litres of liquor from an auto. He argued that he was not caught in possession, was not the owner of the vehicle, and was implicated solely on secret information without proper investigation. The State opposed the bail. The Court, considering the submissions, granted provisional anticipatory bail conditioned on a bail bond of Rs.20,000 with two sureties and required verification of the petitioner’s criminal antecedent. It directed that if more than four prior cases are found, the bail would not be confirmed; if only four are found, the provisional order would be confirmed. The petitioner was also instructed to deposit Rs.5,000 with the Advocates’ Association within two weeks.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail under Section 482(2) of the BNSS in a case under the Bihar Excise Act.
  • Whether the alleged seizure of liquor without the petitioner’s possession justifies denial of bail.
  • Whether the petitioner’s prior criminal antecedent of four cases affects the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • excise law
  • Section 30(a)
  • Section 482(2)
  • criminal antecedent
  • police investigation
  • provisional bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.4562 of 2026
                  Arising Out of PS. Case No.-151 Year-2024 Thana- KUNDWACHAINPUR District- East
                                                       Champaran
                 ======================================================
                 Sunny Kumar Son of Pramod Singh Resident of Village - Lala Tola Laukhan,
                 P.S. - Ghorasahan, District - East Champaran.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     Mr. Abhishek Kumar, Advocate
                 For the Opposite Party/s :     Mr. Kanhiya Kishor, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   31-01-2026                  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 four cases under the excise act and

                   allegation is of recovery of 156 liters of liquor from an Auto.

                                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 is not the

                   owner of the seized Auto and he came to be implicated based on

                   secret information which is the easiest way to implicate
Patna High Court CR. MISC. No.4562 of 2026(2) dt.31-01-2026
                                            2/3




          someone. It is also submitted that once an accused is implicated

          in a case relating to excise, the police starts implicating

          mechanically either at the instance of Chowkidar, local person,

          confessional statement or secret information 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.

          20,000/- (Rupees Twenty 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

          Kundwachainpur P.S. Case No. 151 of 2024 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 four cases then it would be presumed that petitioner, for the

          purposes of seeking anticipatory bail, had concealed his
            Patna High Court CR. MISC. No.4562 of 2026(2) dt.31-01-2026
                                                        3/3




                      antecedent 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 four

                      cases only, in that event the provisional anticipatory bail order

                      shall be confirmed forthwith.

                                   8. At this stage, the learned counsel for the petitioner,

                      based on instruction, undertakes to deposit an amount of Rs.

                      5000/- with Advocates’ Association, Patna High Court within a

                      period of two weeks from today.



                                                              (Satyavrat Verma, J)
Rishabh/-

U      T


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