Patna High Court – Orders
Sonu Chaurasiya @ Sonu Kumar vs The State Of Bihar on 16 June, 2025
Author: Rajesh Kumar Verma
Bench: Rajesh Kumar Verma
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35725 of 2025
Arising Out of PS. Case No.-28 Year-2025 Thana- EXCISE SONPUR District- Saran
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Sonu Chaurasiya @ Sonu Kumar S/O Ganesh Prasad Chaurasiya R/O
Village- Bharpura, P.S- Sonepur, Distt.- Saran at Chapra.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. Braj Nandan Kumar Tiwary, Advocate
For the Opposite Party/s : Mr. Md. Aslam Ansari, APP
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CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 16-06-2025
1. Learned counsel for the petitioner seeks permission
to correct the paragraph-3 of the bail application during course
of the day.
2. Permission is accorded.
3. Heard Mr. Braj Nandan Kumar Tiwary, learned
counsel for the petitioner and Mr. Md. Aslam Ansari, learned
Additional Public Prosecutor for the State.
4. The petitioner is apprehending his arrest in
connection with Excise P.S. Case No. 28 of 2025, F.I.R dated
24.02.2025 registered for the offences punishable under Section
30(a), 32 of Bihar Prohibition and Excise Act.
5. Recovery is of 17.460 liters of foreign liquor.
6. Learned counsel for the petitioner submits that
the petitioner is innocent and has falsely been implicated in the
Patna High Court CR. MISC. No.35725 of 2025(2) dt.16-06-2025
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present case. He further submits that the allegation as alleged in
the F.I.R is false and fabricated. He further submits that it
appears from the F.I.R that nothing has been recovered from the
conscious possession of the petitioner rather the recovery has
been made from a scooty bearing Registration No. BR-31AZ-
3048 and the petitioner has been made accused merely on the
ground that he is owner of the scooty in question. There is non-
compliance with mandatory procedure prescribed for recovery
under Section 100 of Cr.P.C / Section 103 of Bhartiya Nagarik
Suraksha Sanhita. No case, whatsoever, would be made out
against the petitioner under the Bihar Prohibition and Excise
Act.
7. The learned Additional Public Prosecutor has
vehemently opposed the prayer for anticipatory bail of the
petitioner referring the provision contained in Section 76(2) of
the Bihar Prohibition and Excise Act and submitted that the pre-
arrest bail would not be maintainable. He further submits that
the petitioner carries one criminal antecedent other than the
present one but fairly submits on the basis of paragraph-3 of the
bail application that the petitioner is on bail in the pending
matter.
8. This court is aware of the decision of the Full
Patna High Court CR. MISC. No.35725 of 2025(2) dt.16-06-2025
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Bench in the case of Ram Vinay Yadav vs. State of Bihar
reported in 2019(2) P.L.J.R. 1089. Having regard to the law laid
down in the aforesaid judgment and the submission advanced on
behalf of the parties, this Court, for the limited purpose of grant
of anticipatory bail, is inclined to accept the submission of
counsel for the petitioner.
9. Considering the aforesaid facts, nothing has been
recovered from conscious possession of the petitioner and he is
made accused merely on the ground that he is the owner of the
scooty in question, let the petitioner, above named, in the event
of his arrest or surrender before the court below within a period
of thirty days from the date of receipt of the order, be released
on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand)
with two sureties of the like amount each to the satisfaction of
the learned Exclusive Special Excise Judge 3rd Saran, Chapra in
connection with Excise P.S. Case No. 28 of 2025, subject to the
conditions as laid down under Section 438(2) of the Code of
Criminal Procedure / Section 482(2) of the Bhartiya Nagarik
Suraksha Sanhita and with other following conditions:-
i. Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
Patna High Court CR. MISC. No.35725 of 2025(2) dt.16-06-2025
4/4on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to move
for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Suruchi/-
U T