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Patna High Court

Sonu Ray @ Sonu kumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court granted provisional anticipatory bail subject to conditions and verification of the petitioner’s antecedent, with confirmation contingent on the findings.

Summary

The petitioner, Sonu Ray, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Excise Act concerning alleged recovery of 879.525 litres of liquor from a room in front of a government boring. He argued that he was not arrested at the spot, no liquor was found in his possession, and the alleged recovery occurred on premises not belonging to him, with the investigation allegedly lacking proper inquiry. The State opposed the bail. The High Court, considering these submissions, granted provisional anticipatory bail conditioned on a Rs. 5,000 bond with two sureties, a deposit of Rs. 2,500 with the Advocates’ Association, and verification of the petitioner’s criminal antecedent within six weeks. The order stipulated that if more than one prior case is found, the bail would not be confirmed; if only one prior case, the bail would be confirmed forthwith.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail under Section 482(2) of the BNSS in a case under Section 30(a) of the Bihar Excise Act.
  • Whether the lack of arrest at the spot and absence of seized liquor from the petitioner’s possession justify granting anticipatory bail.
  • Whether the petitioner’s prior criminal antecedent affects the confirmation of anticipatory bail.

Subjects

  • anticipatory bail
  • excise law
  • Section 30
  • Section 482
  • provisional bail
  • criminal antecedent
  • police investigation

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.5194 of 2026
                     Arising Out of PS. Case No.-631 Year-2025 Thana- SARAIYA District- Muzaffarpur
                 ======================================================
                 Sonu Ray @ Sonu kumar son of Fudan Ray Resident of village- Atrauliya Ps
                 -saraiya District -Muzaffarpur

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Manoj Kumar
                 For the Opposite Party/s :        Mr.Braj Kishore Pd.(App)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   02-02-2026               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 the

                   petitioner has antecedent of one case under the Excise Act and

                   allegation is of recovery of 879.525 litres of liquor from a room

                   situated in front of a government boring.

                             4.    Learned counsel for the petitioner submits that the

                   petitioner was not arrested from the spot as such nothing was

                   recovered from his conscious possession and even the alleged

                   recovery is from a place which does not belong to the petitioner

                   and he came to be implicated on account of previous antecedent
Patna High Court CR. MISC. No.5194 of 2026(2) dt.02-02-2026
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          without holding a proper investigation. It is further 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. 5,000/- (Rupees

          Five 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 Saraiya P.S. Case No.

          631 of 2025, 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 one

          case 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
              Patna High Court CR. MISC. No.5194 of 2026(2) dt.02-02-2026
                                                          3/3




                        confirmed, but after verification if it is found that petitioner has

                        antecedent of one case 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 submits that petitioner undertakes to deposit

                        an amount of Rs. 2,500/- with Advocates’ Association, Patna High

                        Court within a period of two weeks from today.



                                                  (Satyavrat Verma, J)
Sumit/-

U         T


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