Created by Fuzzy Cloud

Patna High Court

Sonu KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The High Court allowed the petition for anticipatory bail, granting it subject to bond and surety conditions.

Summary

The petitioner, Sonu Kumar, was implicated in a case where 639 litres of illicit liquor were recovered from a Tata Intra‑Pickup vehicle bearing his registration. A co‑accused named him, but he claimed the vehicle was being used without his knowledge and that he was not present at the scene. The petitioner argued he had no possession of the liquor, no criminal antecedent, and that the seizure was not made in accordance with law. The State opposed anticipatory bail, asserting that the recovery from the vehicle linked the petitioner to the offence. Considering the petitioner’s clean record, lack of direct involvement, and the circumstances, the High Court granted anticipatory bail subject to a bond and sureties, invoking its inherent powers under Section 482(2).

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under Section 482(2) of the Code in view of the alleged involvement in the offence under Section 30(a) of the Bihar Prohibition and Excise Act.
  • Whether the petitioner’s alleged connection to the vehicle and the recovered liquor is sufficient to deny bail.

Legislation cited

Subjects

  • anticipatory bail
  • illicit liquor
  • Bihar Prohibition and Excise Act
  • Section 30(a)
  • Section 482(2)
  • vehicle misuse
  • clean antecedent
  • high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.8803 of 2026
                  Arising Out of PS. Case No.-154 Year-2025 Thana- MAHESHKHUNT District- Khagaria
                 ======================================================
                 Sonu Kumar Son of Bhikhari Prasad R/o Village - Shamsher Nagar, near
                 Horaldih Road, Jharia, Distt.- Dhanbad.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Ranjeet Kumar Singh, Advocate
                 For the Opposite Party/s :      Mr. Nitya Nand Tiwary, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY
                                       ORAL ORDER

2   18-02-2026                    Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                    2. The petitioner is apprehending his arrest in

                   connection with Maheshkhut P.S. Case No. 154 of 2025

                   registered for the offences punishable under Section 30(a) of the

                   Bihar Prohibition and Excise Act (Amendment), 2022.

                                    3. As per prosecution case, 639 litre illicit liquor

                   was recovered from Tata Intra Pick-Up vehicle in question.

                   Apprehended co-accused Dileep Kumar Barnwal disclosed the

                   name of petitioner and other.

                                    4. Learned counsel for the petitioner submits that

                   petitioner is innocent and has committed no offence as alleged

                   in the FIR and he has falsely been implicated in this case. He

                   further submits that petitioner has given his Tata Intra Pickup
Patna High Court CR. MISC. No.8803 of 2026(2) dt.18-02-2026
                                            2/3




          four wheeler goods carrier vehicle bearing Registration No.

          JH10CX-1819 to Dileep Kumar Barnwal for carrying goods but

          vehicle of the petitioner has been misused by the said person.

          Petitioner had no knowledge that his vehicle was being used for

          carrying the illicit liquor. Petitioner is not in any way connected

          with the alleged occurrence. He was not found at the place of

          occurrence. No incriminating article has been recovered from

          the conscious possession of the petitioner rather the recovery

          has been made from the seized vehicle in question. Seizure list

          has not been made as per law. In the light of the aforesaid facts

          and circumstances of the case, no case is made out against the

          petitioner under the provisions of Bihar Prohibition and Excise

          Act. Petitioner bears no criminal antecedent.

                          5. The learned A.P.P. for the State opposes the

          prayer for anticipatory bail of the petitioner by submitting that

          the alleged recovery of illicit liquor has been made from the

          vehicle in question and petitioner cannot escape from the

          allegation made in FIR.

                          6. Considering the facts and circumstances of the

          case, keeping in view clean antecedent of petitioner and he was

          not found at the place of occurrence, argument advanced on

          behalf of both sides and also taking into consideration the
             Patna High Court CR. MISC. No.8803 of 2026(2) dt.18-02-2026
                                                         3/3




                       material available on record, 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

                       anticipatory bail on furnishing bail bond of Rs. 10,000/- (rupees

                       ten thousand) with two sureties of the like amount each to the

                       satisfaction of learned Exclusive Special Excise Judge IInd,

                       Khagaria in connection with Maheshkhut P.S. Case No. 154 of

                       2025, subject to the conditions as laid down under Section 482

                       (2)of BNSS.

                                    7. The application stands allowed.



                                               (Alok Kumar Pandey, J)
alok/-

U        T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.