Patna High Court
Sonu KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ALOK KUMAR PANDEY
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
- Code of Criminal Procedure — s. 482(2)
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
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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
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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
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