Patna High Court
Sonu KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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
- Bihar Negotiable Securities Act — s. 482(2)
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
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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
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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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