Patna High Court
CR. MISC./59314/2026 of Sonu kumar Vs The State of Bihar on 19 August 2026
COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.59314 of 2026 Arising Out of PS. Case No.-73 Year-2026 Thana- VAINI District- Samastipur ====================================================== Sonu kumar, Son of Niras Singh, Resident of Village- Chandauli, P.S.- Waini, District-
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.59314 of 2026
Arising Out of PS. Case No.-73 Year-2026 Thana- VAINI District- Samastipur ======================================================
Sonu kumar, Son of Niras Singh, Resident of Village- Chandauli, P.S.- Waini, District- Samastipur.
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s
:
Mr. Mahendra Pratap, Adv.
For the Opposite Party/s :
Mr. Raj Ballabh Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
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ORAL ORDER
19-08-2026 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The accused/petitioner is named in the FIR and apprehending his arrest in connection with Waini P.S. Case No.73 of 2026 registered under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act.
3. Allegation against the petitioner is to engage in illegal trade/manufacturing of illicit liquor, where there is recovery of 43.640 litres of IMFL/country-made liquor.
4. It is submitted by learned counsel appearing for the petitioner that the seized illicit liquor was recovered from bushes inside the agricultural land. Being an open place it is Patna High Court CR. MISC. No.59314 of 2026(2) dt.19-08-2026
accessible to the general public and, therefore, it cannot be said that the alleged recovery was made from the conscious possession of the petitioner. It is further submitted that seizure list also appears doubtful being not supported by independent witnesses rather than by police personnel. It is also pointed out that the name of the petitioner surfaced due to village politics. Explaining criminal antecedent, it is submitted that petitioner found involved in four more criminal cases of similar nature, where he is on bail.
5. Learned APP opposed the prayer of anticipatory bail to the petitioner.
6. In view of aforesaid factual submissions and by taking of note of fact as recovery of illicit liquor prima-facie not appears to be made from physical possession of this petitioner, accordingly, the petitioner above-named, in the event of his arrest or surrender in the court below within a period of four weeks from today, is directed to be released on bail on 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-II, Patna High Court CR. MISC. No.59314 of 2026(2) dt.19-08-2026
Samastipur in connection with Waini P.S. Case No.73 of 2026, subject to the conditions as laid down under Section 438(2) of the CrPC/under Section 482(2) of the BNSS.
Raushan/- (Chandra Shekhar Jha, J.) U T