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Patna High Court

Sonu KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court held that the petitioner is entitled to provisional anticipatory bail, subject to verification of his antecedent and compliance with the stipulated conditions.

Summary

The petitioner, Sonu Kumar, sought anticipatory bail in a case registered under Section 30(a) of the Bihar Excise Act for the alleged recovery of 33.1 litres of liquor from a Toto rickshaw he owned. He argued that he had a clean antecedent, was not in possession of the liquor at the time of arrest, and was unaware that the rickshaw's renter misused the vehicle. The State opposed the bail, contending that the seizure implicated the petitioner. The Court granted provisional anticipatory bail, subject to a bail bond of Rs. 500 with two sureties and a condition that the trial court verify the petitioner’s antecedent within six weeks. The order further stipulated that if any prior case is discovered, the bail would be cancelled, whereas a clean record would lead to confirmation of the bail. The petitioner also agreed to deposit Rs. 1,500 with the Patna High Court Legal Services Committee.

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 ownership of the vehicle used in the alleged offence is sufficient grounds to deny anticipatory bail.
  • Whether the petitioner’s clean antecedent and lack of possession of the seized liquor justify granting bail.

Legislation cited

Subjects

  • anticipatory bail
  • Bihar Excise Act
  • Section 30(a)
  • vehicle ownership
  • clean antecedent
  • Section 482(2) BNSS

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.5324 of 2026
                        Arising Out of PS. Case No.-367 Year-2025 Thana- RIGA District- Sitamarhi
                 ======================================================
                 Sonu Kumar S/o Late Shankar Sah R/o village - Nuniya Toli Sthan,
                 Chakmahila @ Noniya Tol Janki Sthan ward no. 18 (New), P.S. - Sitamarhi,
                 Dist.- Sitamarhi

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Santosh Kumar
                 For the Opposite Party/s :        Mr.Md. Nazir Ansari
                 ======================================================
                 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 is a person with clean antecedent and allegation is of

                   recovery of 33.1 litres of liquor from a Toto rickshaw.

                             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 he came to be

                   implicated based on the fact that he is owner of the seized toto

                   rickshaw. It is next submitted that no prudent person would use
Patna High Court CR. MISC. No.5324 of 2026(2) dt.02-02-2026
                                            2/3




          his own vehicle for committing an occurrence and thus would

          create evidence against himself and hence would get implicated,

          it is further submitted that petitioner was completely unaware

          that the person to whom he had given the rickshaw on rent

          would misuse the same in the manner as alleged.

                   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.

          500/- (Rupees Five Hundred) 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 Riga P.S.

          Case No. 367 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 even 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.5324 of 2026(2) dt.02-02-2026
                                                          3/3




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

                        person with clean antecedent 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. 1,500/- with Patna High Court Legal Services

                        Committee, Patna within a period of two weeks from today.



                                                  (Satyavrat Verma, J)
Sumit/-

U         T


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