Sunny Rai @ Sunny Kumar Vs The State of Bihar — Anticipatory Bail | Patna HC (2026)

Sunny Rai @ Sunny Kumar Vs The State of Bihar — Anticipatory Bail | Patna HC (2026)

What the court decided

AI extract

Outcome

Provisional anticipatory bail: release upon arrest or surrender before the learned Court below within six weeks, on bail bonds of Rs.10,000/- with two sureties of the like amount each, subject to conditions under Section 482(2) of the B.N.S.S.; confirmation by the trial court contingent on verification of criminal antecedents (more than two cases: not confirmed; two cases: confirmed forthwith).

Issue for consideration

Whether the petitioner, who apprehends arrest in Excise Sadar P.S. Case No. 409/2025 registered for offences under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act, is entitled to anticipatory bail.

Court's answer

Provisional anticipatory bail granted: in the event of arrest or surrender before the learned Court below within six weeks, the petitioner is to be released on bail bonds of Rs.10,000/- with two sureties of the like amount each, subject to the conditions laid down under Section 482(2) of the B.N.S.S.

Ratio / Principle

The learned trial court shall thereafter verify the petitioner's criminal antecedents: if more than two antecedent cases are found, it will be presumed the petitioner concealed his antecedents before this Court and the provisional anticipatory bail order shall not be confirmed; if exactly two cases are found, the provisional anticipatory bail order shall be confirmed forthwith.

Detailed headnote1 paragraphs

Anticipatory bail — Bihar Prohibition and Excise Act, Ss. 30(a), 32(3) — Alleged recovery of 2944.900 litres of liquor from a warehouse; petitioner stated to have antecedent of two Excise Act cases and to have been implicated on the confessional statement of one Raju in police custody — Provisional anticipatory bail granted: release on arrest or surrender within six weeks on bail bonds of Rs.10,000/- with two sureties of the like amount each, subject to conditions under S. 482(2) B.N.S.S. — Trial court to verify criminal antecedents; if more than two cases found, concealment presumed and provisional order not to be confirmed; if two cases found, confirmation forthwith.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.229 of 2026

Arising Out of PS. Case No.-409 Year-2025 Thana- Excise P.S. District- Muzaffarpur

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

Sunny Rai @ Sunny Kumar S/o Pramod Rai Resident of - Harpur, P.S - Kathaiya , District - Muzaffarpur

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Hemant Kumar For the Opposite Party/s : Mr. Manoj Kumar ======================================================

CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER

2 15-01-2026

Heard learned counsel for the petitioner and learned

A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 30(a), 32(3) of Bihar Prohibition and Excise Act.

Learned counsel for the petitioner submits that petitioner has antecedent of two cases under the Excise Act and allegation is of recovery of 2944.900 litres of liquor from a warehouse. It is next submitted that petitioner was not arrested from the spot as such nothing was recovered from his conscious possession and is not the owner of the warehouse and he came to be implicated based on confessional statement of Raju in police custody which does not have any evidentiary value. It is also submitted that once an accused is implicated in a case

Patna High Court CR. MISC. No.229 of 2026(2) dt.15-01-2026 2/3

relating to excise, the police starts implicating mechanically either through chowkidar, local person, confessional statement or secret information without holding a proper investigation.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

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 Court below within a period of six weeks from today, be released on provisional anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) 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 Sadar P.S. Case No.409/2025, subject to the conditions as laid down under Section 482(2) of the B.N.S.S.

It is made clear that the learned trial court thereafter shall verify the criminal antecedents of the petitioner and in the event if it is found that petitioner has antecedent of more than two cases, in that event, it would be presumed that petitioner had concealed his antecedent before this court, as such, the provisional anticipatory bail order shall not be confirmed but if on verification it is found that petitioner has antecedent of two

Patna High Court CR. MISC. No.229 of 2026(2) dt.15-01-2026 3/3

cases, in that event the provisional anticipatory bail order shall be confirmed forthwith.

(Satyavrat Verma, J)

amit/-

U T