Patna High Court
Sonu KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court allowed the withdrawal of anticipatory bail for petitioner No.2 and granted provisional anticipatory bail to petitioner No.1 subject to conditions and verification of antecedents.
Summary
Petitioners Sonu Kumar and Bijali Rai filed an anticipatory bail application in a case involving offences under sections 121, 132, 74, 76, 109, 352, 351(2), 61(2) of the Bihar Penal Code and section 45 of the Bihar Excise Act. During the pendency of the application, Bijali Rai was arrested, and the petitioners sought to withdraw his anticipatory bail. The Court granted permission to withdraw the anticipatory bail for Bijali Rai, dismissing that part of the application. For Sonu Kumar, the Court granted provisional anticipatory bail subject to a bail bond of Rs.10,000 with two sureties and conditions under Section 482(2) of the Bihar Criminal Procedure Code. The order also directed the trial court to verify the petitioner’s criminal antecedents, with confirmation of bail contingent on the findings.
Issues considered
- Whether the anticipatory bail application for petitioner No.2 can be withdrawn after his arrest.
- Whether petitioner No.1 is entitled to provisional anticipatory bail subject to verification of his criminal antecedents.
Legislation cited
- Bihar Criminal Procedure Code — s. 482(2)
- Bihar Excise Act — s. 45
- Bihar Penal Code — s. 109, 121, 121(1), 132, 351(2), 352, 61(2), 74, 76
Subjects
- anticipatory bail
- withdrawal of bail
- provisional bail
- Section 482
- criminal antecedent
- Bihar Excise Act
- public order offences
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.46376 of 2026
Arising Out of PS. Case No.-12 Year-2026 Thana- JURAWANPUR District- Vaishali
======================================================
1. Sonu Kumar Son of Nawal Rai Resident of village- Paharpur West PS- Jurawanpur
District -Vaishali
2. Bijali Rai @ Bijali Kumar son of Yogi Rai @ Jogi Rai Resident of village-
Paharpur West PS- Jurawanpur District -Vaishali
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Bela Singh
For the Opposite Party/s : Mr.Nawal Kishore Prasad
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 10-07-2026 1. Heard learned counsel for the petitioners and
learned A.P.P. for the State.
2. Learned counsel for the petitioners seeks
permission to withdraw the anticipatory bail application with
respect to petitioner no. 2 (Bijali Rai @ Bijali Kumar), who was
arrested during pendency of the instant anticipatory bail
application.
3. Permission is accorded.
4. Accordingly the instant anticipatory bail
application is dismissed as withdrawn with respect to petitioner
no. 2 (Bijali Rai @ Bijali Kumar).
5. The petitioner No. 1 apprehends his arrest in a case
registered for the offences punishable under Sections 121,
121(1), 132, 74, 76, 109, 352, 351(2), 61(2) of the BNS and
Section 45 of the Bihar Excise Act.
Patna High Court CR. MISC. No.46376 of 2026(2) dt.10-07-2026
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6. Learned counsel for the petitioner submits that the
petitioner no. 2 has antecedent of two cases out of which one
case is under the Excise Act. It is next submitted that the
informant alleges that on 19-1-2026 based on secret
information, the house of Nawal Rai was raided on the ground
that he was indulging in selling liquor and during the raid,
Nawal was apprehended and videography was being done, when
crowd of 30-35 people gathered and created ruckus and even
attacked the police force and pelted stones and the arrested
persons were freed by the crowd and also police men were
injured in the ruckus.
7. Learned counsel for the petitioner submits that
petitioner has been falsely implicated in the instant case by the
informant. It is next submitted that petitioner resides nearby to
the place of occurrence, as such out of inquisitiveness, petitioner
came at the place of occurrence and came to be implicated.
8. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
9. Considering the submissions made by the learned
counsel for the petitioner, the petitioner no. 1 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
Patna High Court CR. MISC. No.46376 of 2026(2) dt.10-07-2026
3/3
Provisional anticipatory bail on furnishing bail bonds of Rs.
10,000/- (Rupees Ten 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
Jurawanpur P.S. Case No. 12 of 2026, subject to the conditions
as laid down under Section 482(2) of the BNSS.
10. 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 two cases then it would be presumed that petitioner, for the
purposes of seeking anticipatory bail, had concealed his
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 two
cases in that event the provisional anticipatory bail order shall
be confirmed forthwith.
(Satyavrat Verma, J)
Sumit/-
U T
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