Patna High Court
Sonu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- R P MISHRA
Holding
Anticipatory bail was denied.
Summary
The petitioner, Sonu Kumar, sought anticipatory bail fearing arrest in a case under Sections 30(a) and 32(ii) of the Bihar Prohibition and Excise Act, where 919.05 litres of liquor were seized from a pick‑up van. He contended that he was neither the owner nor the driver of the vehicle and that he had been falsely implicated, also noting the lack of compliance with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023. The State opposed the bail, highlighting the petitioner’s two prior criminal antecedents of a similar nature. The Court, considering the seriousness of the alleged offence and the petitioner’s criminal record, declined to grant anticipatory bail. However, the Court directed that if the petitioner surrenders within six weeks and applies for regular bail, the application will be considered on its merits.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Sections 30(a) and 32(ii) of the Bihar Prohibition and Excise Act.
- Whether the petitioner’s prior criminal antecedents preclude the grant of anticipatory bail.
- Whether non‑compliance with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, affects the bail application.
Legislation cited
- Bharatiya Nagarika Suraksha Sanhita, 2023 — s. 103
- Bihar Prohibition and Excise Act — s. 30(a), 32(ii)
Subjects
- anticipatory bail
- bail
- Bihar Prohibition and Excise Act
- Bharatiya Nagarika Suraksha Sanhita
- criminal antecedents
- liquor seizure
- Section 103
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4887 of 2026
Arising Out of PS. Case No.-603 Year-2025 Thana- BEUR District- Patna
======================================================
Sonu Kumar S/o Kapil Rai R/o Bishunpur Pakadi, P.S.- Beur, Distt- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Bimlesh Kumar Pandey, Advocate
For the Opposite Party/s : Mrs. Renu Kumari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 30-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner apprehends his arrest in connection
with Beur P.S. Case No. 603/2025 instituted for the offences
under Sections 30(a) and 32(ii) of the Bihar Prohibition and
Excise Act.
3. The prosecution case, in short, is that total 919.05
litres of liquor was recovered from pick-up van.
4. Learned counsel for the petitioner submitted that the
petitioner has falsely been implicated in the present case.
Learned counsel further submitted that petitioner is neither the
owner nor the driver of the vehicle. The petitioner has got no
concern with the alleged recovery of liquor. Learned counsel,
therefore, submitted that prima-facie, no case is made out
Patna High Court CR. MISC. No.4887 of 2026(2) dt.30-01-2026
2/2
against the petitioner. The petitioner has two criminal
antecedents. There is no compliance of Section 103 of the
Bharatiya Nagarika Suraksha Sanhita, 2023.
5. Learned APP for the State has vehemently opposed
the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances
of the case as also the petitioner has two criminal antecedents of
similar nature, this Court is not inclined to grant anticipatory
bail to the petitioner.
7. Accordingly, the prayer for grant of anticipatory
bail to the petitioner is, hereby, rejected.
8. However, if the petitioner surrenders before the
learned court below within a period of six weeks from today and
prays for regular bail, the same shall be disposed of on its own
merit without being prejudiced by this order.
(Rudra Prakash Mishra, J)
atul/-
U T
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