Allowed¶20

Sonu Kumar v. The State of Bihar

Patna HC16 Jul 2026CR. MISC./47922/2026

Case brief

AI extract

What is this about?

Provisional anticipatory bail granted; Section 30(a) Bihar Prohibition and Excise (Amendment) Act, 2018; Section 482(2) B.N.S.S. conditions; bail bond Rs. 10,000/- with two like sureties; six-week arrest/surrender window; trial-court verification of criminal antecedents governing confirmation; Fatuha P.S. Case No. 306/2023, Thana FATUA, Patna; alleged recovery of 53 litres of liquor near Punpun river bank; petitioner not arrested from spot; informant did not pre-inform police.

What did the court decide?

Provisional anticipatory bail granted to the petitioner upon arrest or surrender within six weeks, on furnishing 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., with confirmation contingent on the learned trial court's verification of the petitioner's criminal antecedents.

Sonu Kumar Vs The State of Bihar — Anticipatory Bail | Patna HC (2026)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioner, apprehending arrest in Fatuha P.S. Case No. 306/2023 registered for an offence punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018, should be released on anticipatory bail.

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Court's answer

In the event of arrest or surrender within six weeks, the petitioner is to be released on provisional anticipatory bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each, to the satisfaction of the learned trial court where the case is pending, subject to the conditions laid down under Section 482(2) of the B.N.S.S.

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Ratio / Principle

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

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Key takeaways

If verification shows the petitioner has antecedents of two cases (as submitted), the provisional anticipatory bail order shall be confirmed forthwith.ratio¶23

Detailed headnote1 paragraphs

Anticipatory bail — Patna High Court (Satyavrat Verma, J.) allowed the prayer of Sonu Kumar apprehending arrest in Fatuha P.S. Case No. 306/2023 (Thana FATUA, District Patna), registered for an offence punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018. Petitioner, on arrest or surrender within six weeks, to be released on provisional anticipatory bail on bail bonds of Rs. 10,000/- with two sureties of the like amount each, to the satisfaction of the learned trial court, subject to conditions under Section 482(2) of the B.N.S.S. Condition imposed: trial court to verify criminal antecedents — if more than two antecedent cases are found, concealment before this Court would be presumed and the provisional order shall not be confirmed; if antecedent of two cases is verified (as submitted by counsel), the provisional order shall be confirmed forthwith. Counsel had urged that the petitioner was not arrested from the spot, the alleged recovery of 53 litres of liquor was from a place near the bank of the Punpun river not belonging to him and accessible to villagers, and the local informant's failure to inform police before the FIR cast an aspersion on the prosecution case; learned A.P.P. opposed the prayer.

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.47922 of 2026

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Arising Out of PS. Case No.-306 Year-2023 Thana- FATUA District- Patna

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

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Sonu Kumar S/o Late Munarik Ray R/o vill - Gadhochak, P.S.- Nadi, Distt.Patna

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. Rajeev Ranjan Sinha For the Opposite Party/s : Mr. Tarkeshwar Nath Thakur ======================================================

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CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER

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2 16-07-2026

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Heard learned counsel for the petitioner and learned

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A.P.P. for the State.

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The petitioner apprehends his arrest in a case registered for the offence punishable under Section 30(a) of Bihar Prohibition and Excise (Amendment) Act, 20182.

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Learned counsel for the petitioner submits that petitioner has antecedent of two cases under the Excise Act and allegation is of recovery of 53 litres of liquor from a place near bank of Punpun river.

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Learned counsel for the petitioner submits that petitioner was not arrested from the spot as such nothing was recovered from his conscious possession and even alleged recovery is from a place which does not belong to the petitioner and is accessible to villagers at large and he came to be

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Patna High Court CR. MISC. No.47922 of 2026(2) dt.16-07-2026 2/3

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implicated at the instance of local person but then if local person was aware of the involvement of the petitioner in the occurrence then why he did not inform the police prior to institution of the instant FIR, which casts an aspersion on the case of the prosecution.

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

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Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender 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 Fatuha P.S. Case No.306/2023, subject to the conditions as laid down under Section 482(2) of the B.N.S.S.

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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

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Patna High Court CR. MISC. No.47922 of 2026(2) dt.16-07-2026 3/3

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on verification it is found that petitioner has antecedent of two cases, in that event the provisional anticipatory bail order shall be confirmed forthwith.

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(Satyavrat Verma, J)

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amit/-

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U T

Sonu Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Sonu Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

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