Patna High Court
Sonu Kumar @ Sonu NutversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court ordered provisional anticipatory bail with conditions, subject to verification of the petitioners' antecedents.
Summary
The petitioners, Sonu Kumar and Govind Nut, were implicated in a case under Section 30(a) of the Bihar Prohibition and Excise Act, 2016, for alleged recovery of liquor near their residence. They applied for anticipatory bail, asserting that the liquor was not in their possession and that the FIR omitted the informant's name, casting doubt on the prosecution's case. The State opposed the bail. The High Court, after considering the submissions, granted provisional anticipatory bail conditioned on a bail bond of Rs.10,000 with two sureties and directed verification of the petitioners' criminal antecedents. The order stipulated that if petitioner No. 1 is found to have any prior case or petitioner No. 2 has more than two prior cases, the bail would not be confirmed; otherwise, the provisional bail would be confirmed.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under Section 438 of the Criminal Procedure Code in a case under the Bihar Prohibition and Excise Act, 2016.
- Whether the alleged lack of possession of the liquor and the omission of the informant's name in the FIR justify granting bail.
- Whether the petitioners' criminal antecedents affect the confirmation of the provisional anticipatory bail.
Legislation cited
- Bihar Narcotic and Smuggling (BNSS) Act — s. 482(2)
- Bihar Prohibition and Excise Act, 2016 — s. 30(a)
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- Section 30(a)
- Bihar Prohibition and Excise Act
- criminal antecedent
- bail bond
- provisional bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.497 of 2026
Arising Out of PS. Case No.-339 Year-2025 Thana- DORIGANJ District- Saran
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1. Sonu Kumar @ Sonu Nut S/o Vyas Nut @ Nanak Nat @ Nanhak Nat
Resident of vill- Mussepur, P.S- Doriganj, Distt.- Saran
2. Govind Nut @ Govinda Nut S/o Mogal Nat Resident of vill- Mussepur, P.S-
Doriganj, Distt.- Saran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Shweta Anand, Advocate
For the Opposite Party/s : Ms. Sharda Kumari, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 15-01-2026 1. Heard learned counsel for the petitioners and
learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case
registered for the offence punishable under Section 30(a) of the
Bihar Prohibition and Excise Act, 2016.
3. Learned counsel for the petitioners submits that
petitioner no. 1 is a person with clean antecedent and petitioner
no. 2 has antecedent of two cases out of which one case is under
the Excise Act and allegation is of recovery of 210 litres of
liquor from a place near the house of the petitioners along with
150 litres of semi prepared liquor which was destroyed.
4. Learned counsel for the petitioners submits that
petitioners were not arrested from the spot, as such, nothing was
Patna High Court CR. MISC. No.497 of 2026(2) dt.15-01-2026
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recovered from their conscious possession and even the alleged
recovery is from a place which does not belong to the
petitioners but then is adjacent to their house. It is next
submitted that petitioners came to be implicated at the instance
of the local persons but then the name of the person who
disclosed the name of the petitioners is not disclosed in the FIR
which casts an aspersion on the case of the prosecution.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioners.
6. Considering the submissions made by the learned
counsel for the petitioners, let the petitioners above-named, in
the event of their 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.10,000/- (Rupees Ten Thousand) each 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
Doriganj P.S. Case No. 339 of 2025, subject to the conditions as
laid down under Section 438 (2) of the Cr.P.C./482(2) of the
BNSS.
7. It is made clear that thereafter the learned trial
court shall verify the criminal antecedent of the petitioners and
Patna High Court CR. MISC. No.497 of 2026(2) dt.15-01-2026
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if it is found that petitioner no. 1 has antecedent even one case
and petitioner no. 2 has antecedent of more than two cases, it
would be presumed that petitioners had concealed their
antecedent before this Court at para 3 of the anticipatory bail
application in that event the provisional anticipatory bail order
shall not be confirmed but if it is found on verification that
petitioner no. 1 is a person with clean antecedent and petitioner
no. 2 has antecedent of only two cases in that event the
provisional anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Kundan/-
U T
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