Patna High Court

Sonu Kumar @ Sonu Kumar MahtoversusThe State of Bihar

Decided: 17 February 2026
Disposal: BAIL GRANTED
Bench: ANIL KUMAR SINHA

Holding

Anticipatory bail was granted to the petitioner.

Summary

The petitioner, Sonu Kumar, feared arrest in an excise case (Case No. 991 of 2025) where police seized 211,500 litres of illicit foreign liquor from three tankers. He was implicated under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2016 based solely on the disclosure of his name by a co-accused, Ravindra Ravidas, with whom he had a personal enmity. The petitioner has no prior criminal record and does not own the tankers from which the liquor was recovered. The court considered these facts and, noting the lack of direct evidence against him, granted anticipatory bail. The bail order required a bond of Rs. 10,000 with two sureties and was conditioned on compliance with Section 482(2) of the B.N.S.S. 2023, to be filed within four weeks of arrest or surrender.

Issues considered

Whether anticipatory bail should be granted to the petitioner who is named by a co-accused in an excise case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2016.
Whether the petitioner’s lack of ownership of the tankers and absence of criminal antecedent preclude his liability under the said provision.

Legislation cited

B.N.S.S., 2023 — s. 482(2)

Subjects

anticipatory bail
excise law
illicit liquor
Section 30(a)
bail bond
co-accused disclosure
criminal antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.7970 of 2026
                      Arising Out of PS. Case No.-991 Year-2025 Thana- Excise P.S. District- Nawada
                 ======================================================
                 Sonu Kumar @ Sonu Kumar Mahto S/o Jaymendra Prasad Resident of
                 Village- Dedaur, P.S.- Muffasil, District- Nawada,

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Rajeev Nayan
                 For the Opposite Party/s :        Mr.Arun Kumar Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
                                       ORAL ORDER

2   17-02-2026         1. Heard the parties.

                       2. The petitioner apprehends his arrest in connection with

                   Nawada Excise P.S. Case No. 991 of 2025 dated 01.12.2025

                   registered under Section 30(a) of the Bihar Prohibition and

                   Excise (Amendment) Act, 2016.

                       3. As per the first information report the Police intercepted

                   three tankers and recovered 211.500 liters of illicit foreign

                   liquor from the tankers.

                       4. Learned counsel for the petitioner submits that petitioner is

                   having no criminal antecedent and he has been made accused on

                   the basis of disclosure of his name by the arrested co-accused

                   person. One of the co-accused Ravindra Ravidas is the

                   co-villager of the petitioner and the petitioner was having

                   previous enmity with him as such, his name was disclosed by
               Patna High Court CR. MISC. No.7970 of 2026(2) dt.17-02-2026
                                                           2/2




                         the aforesaid arrested co-accused that liquor was to be delivered

                         to the petitioner. The petitioner is not the owner of the tankers

                         from where illicit liquor has been recovered.

                             5. Regard being had to the submission made by the parties,

                         taking into consideration the fact petitioner is not the owner of

                         the tankers from where illicit liquor has been recovered, his

                         name has transpired on the basis of disclosure made by the

                         arrested co-accused person and the petitioner is having no

                         criminal antecedent, accordingly, I am inclined to grant

                         anticipatory bail to the petitioner.

                             6. Let the petitioner, above named, be released on

                         anticipatory bail in the event of arrest or surrender before the

                         court below within a period of four weeks from today on

                         furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with

                         two sureties of the like amount each to the satisfaction of

                         Exclusive Excise Court -II, Nawada in connection with Excise

                         (Nawada) P.S. Case No. 991 of 2025 subject to the condition as

                         laid down under Section 482 (2) of the B.N.S.S. 2023.



                                                  (Anil Kumar Sinha, J)
praful/-

U          T

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