Patna High Court
Sonu KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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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