Patna High Court
CR. MISC./49116/2026 of Sonu Singh Vs The State of Bihar on 17 July 2026
COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.49116 of 2026 Arising Out of PS. Case No.-24 Year-2026 Thana- Krishnabraham District- Buxar ====================================================== Sonu Singh S/o Mahant Singh R/o Village - Garhatha Khurd, P.S - Brahmpur, District - Buxar ...
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.49116 of 2026
Arising Out of PS. Case No.-24 Year-2026 Thana- Krishnabraham District- Buxar ======================================================
Sonu Singh S/o Mahant Singh R/o Village - Garhatha Khurd, P.S - Brahmpur, District - Buxar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s
:
Ms.Dimpal Kumari
For the Opposite Party/s :
Mr.Humayou Ahmad Khan
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
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ORAL ORDER
17-07-2026
1. Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends his arrest in a case registered for the offences punishable under Section 30(a) of the Bihar Excise Act.
3. Learned counsel for the petitioner submits that the petitioner has antecedent of six cases under the Excise Act and allegation is of recovery of 23.760 litres of liquor from a motorcycle.
4. Learned counsel for the petitioner submits that the petitioner was not arrested from the spot as such nothing was recovered from his conscious possession and is not the owner of the seized motorcycle and he came to be implicated based on a mobile recovered from the spot. It is further submitted that Patna High Court CR. MISC. No.49116 of 2026(2) dt.17-07-2026
merely because a mobile was found at the place of occurrence that in itself does not connect the petitioner with the offence without a proper investigation. It is further submitted that once an accused is implicated in a case relating to excise, the police starts implicating mechanically either at the instance of Chowkidar, local person, confessional statement or secret information without holding a proper investigation.
5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.
6. 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 trial court within a period of six weeks from today, be released on Provisional anticipatory bail on furnishing bail bonds of Rs. 30,000/- (Rupees Thirty 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 Krishna Barhm P.S. Case No. 24 of 2026, subject to the conditions as laid down under Section 482(2) of the BNSS.
7. It is made clear that thereafter the learned Trial Court shall verify the criminal antecedent of the petitioner and in the event if it is found that petitioner has antecedent of more Patna High Court CR. MISC. No.49116 of 2026(2) dt.17-07-2026
than six case then it would be presumed that petitioner, for the purposes of seeking anticipatory bail, had concealed his antecedent before this Court, as such, the provisional anticipatory bail order shall not be confirmed, but after verification if it is found that petitioner has antecedent of six cases in that event the provisional anticipatory bail order shall be confirmed forthwith.
Sumit/- (Satyavrat Verma, J) U T