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Patna High Court

Sonu KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court provisionally granted anticipatory bail to the petitioner, subject to conditions and verification of his antecedent.

Summary

The petitioner, Sonu Kumar, sought anticipatory bail after being implicated in an excise case for allegedly transporting 202.5 liters of liquor in a vehicle he owned. He argued that he had no prior criminal record, the liquor was not found in his possession, and he was unaware that his associate would misuse the vehicle. The State opposed the bail, contending the seriousness of the offences under the Bihar Excise Act. The Court granted provisional anticipatory bail, subject to a modest bond, two sureties, and verification of the petitioner’s antecedent by the trial court. It further stipulated that if any prior case is discovered, the bail would not be confirmed; otherwise, the provisional order would be made final.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail in a case under Sections 30(a) and 32(3) of the Bihar Excise Act
  • Whether the ownership of the vehicle, absent possession of the liquor, suffices to justify denial of anticipatory bail

Subjects

  • anticipatory bail
  • excise law
  • vehicle ownership
  • clean antecedent
  • Section 482

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.7522 of 2026
                       Arising Out of PS. Case No.-1328 Year-2025 Thana- Excise P.S. District- Gaya
                 ======================================================
                 Sonu Kumar S/O Inderdev Dangi R/O Village- Sinduwari Kala, P.S- Gidhaur,
                 Majhagaon, Distt.- Chatra (Jharkhand).

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Mrigendra Kumar, Advocate
                 For the Opposite Party/s :        Mr. Nirmal Kumar Sinha, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   19-02-2026                  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 Sections 30(a) and

                   32(3) of the Bihar Excise Act.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 202.5 liters of liquor from a car.

                                4. Learned counsel for the petitioner submits that

                   petitioner was not apprehended 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

                   vehicle. It is next submitted that no prudent person would use

                   his own vehicle for committing an occurrence and thus would
Patna High Court CR. MISC. No.7522 of 2026(2) dt.19-02-2026
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          create evidence against himself and hence would get implicated,

          it is also submitted that petitioner was completely unaware that

          Jitendra would misuse the vehicle in the manner as alleged who

          was also apprehended from the spot along with Lalesh.

                       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 Excise

          P.S. Case No. 1328 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
            Patna High Court CR. MISC. No.7522 of 2026(2) dt.19-02-2026
                                                        3/3




                      anticipatory bail order shall not be 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.



                                                              (Satyavrat Verma, J)
Rishabh/-

U      T


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