Sonal Kumar @ Sonal Kumar Singh Vs The State of Bihar — Anticipatory Bail | Patna HC (2025)

Sonal Kumar @ Sonal Kumar Singh Vs The State of Bihar — Anticipatory Bail | Patna HC (2025)

What the court decided

AI extract

Outcome

Bail in the event of arrest or surrender within four weeks granted to the petitioner in connection with Amba P.S. Case No. 99 of 2023, on bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise Court no. 1, Aurangabad/concerned Court, subject to Section 438(2) Cr.P.C / Section 482(2) BNSS conditions and a condition not to involve in similar offences till conclusion of trial.

Issue for consideration

Whether the petitioner, named in the FIR and apprehending arrest in Amba P.S. Case No. 99 of 2023 registered under Sections 30(a) and 37 of the Bihar Prohibition and Excise (Amendment) Act, 2018, should be released on bail in the event of his arrest or surrender.

Court's answer

Petitioner directed to be released on bail in the event of his arrest or surrender before the court below within a period of four weeks, on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each, to the satisfaction of the learned Special Judge, Excise Court no. 1, Aurangabad/concerned Court, where the case is pending, subject to conditions under Section 438(2) Cr.P.C / Section 482(2) BNSS.

Ratio / Principle

Bail granted because illicit liquor admittedly did not appear to have been recovered from the physical possession of the petitioner, whose implication appears only as the owner of the motorcycle found carrying the alleged liquor, coupled with the fact that he is a man of clean antecedent.

Key takeaways

Bail made subject to the further condition that the accused/petitioner shall not involve in a similar nature of offence till conclusion of trial, failing which the State is at liberty to move the Trial Court for cancellation of his bail bond.ratio¶23

Detailed headnote1 paragraphs

Bail in the event of arrest granted — Bihar Prohibition and Excise (Amendment) Act, 2018, Sections 30(a) and 37 — Amba P.S. Case No. 99 of 2023 — recovery of 234 litres of IMFL/country made liquor from a motorcycle — petitioner implicated only as registered owner of the motorcycle, which he had lent to a co-villager (co-accused) and which was allegedly misused to carry illicit liquor without his knowledge — illicit liquor not recovered from petitioner's physical possession — petitioner a man of clean antecedent — directed to be released on bail on arrest or surrender within four weeks on bail bond of Rs. 10,000/- with two sureties of like amount, to the satisfaction of the Special Judge, Excise Court no. 1, Aurangabad, subject to Section 438(2) Cr.P.C / Section 482(2) BNSS conditions and an additional condition not to involve in similar offences till conclusion of trial, failing which the State may seek cancellation of bail bond.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.5195 of 2025

Arising Out of PS. Case No.-99 Year-2023 Thana- AMBA District- Aurangabad

======================================================

Sonal Kumar @ Sonal Kumar Singh Son of Late Pradeep Singh Resident of Village - Balia, P.S. - Amba, District - Aurangabad (Bihar)

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr. Birendra Kumar Singh, Adv. For the Opposite Party/s : Ms. Veena Kumari Jaiswal, Adv. ======================================================

CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER

2 04-02-2025 Heard the parties.

The accused/petitioner is named in the F.I.R. and apprehending his arrest in connection with Amba P.S. Case No. 99 of 2023 registered for the offences punishable under Sections 30(a) and 37 of Bihar Prohibition and Excise (Amendment) Act, 2018.

The allegation against the petitioner is to be involved in illegal trading of illicit liquor, where, there is recovery of 234 litres of IMFL/country made.

It is submitted by learned counsel appearing on behalf of the petitioner that the

Patna High Court CR. MISC. No.5195 of 2025(2) dt.04-02-2025 2/3

implications of this petitioner with present case was for only reason that he was found registered owner of the motorcycle through which illicit liquor of 234 liters was found carrying. It is pointed out that the petitioner provided his motorcycle to his co-villager who is a co-accused in this case for certain work but same was misused for carrying illicit liquor without giving it into the knowledge of the petitioner and as such he himself is the victim of the circumstances. While concluding the argument, it is submitted that petitioner is a man of clean antecedent.

Learned APP, opposes the prayer of

bail.

In view of aforesaid factual submission as admittedly illicit liquor not appears to be recovered from physical possession of this petitioner whose implication appears only being the owner of the motorcycle which found carrying alleged liquor, coupled with the fact that petitioner is a man of clean antecedent, accordingly, petitioner above-named, in the event of his arrest

Patna High Court CR. MISC. No.5195 of 2025(2) dt.04-02-2025 3/3

or surrender before the court below within a period of four weeks, is directed to be released on bail, furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise Court no. 1, Aurangabad/concerned Court, where the case is pending in connection with Amba P.S. Case No. 99 of 2023, subject to the conditions as laid down under Section 438(2) of the Cr.P.C/ Section 482(2) of BNSS, with further

condition:-

“(i) That accused/petitioner shall not involve in the similar nature of offence till the conclusion of trial, failing which the State shall be at liberty to move before the Trial Court itself for the cancellation of bail bond of the petitioner.”

(Chandra Shekhar Jha, J)

Sudha/-

U T