Aniket Kumar @ Sonu Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34121 of 2026 Arising Out of PS. Case No.-57 Year-2026 Thana- KUDHNI District- Muzaffarpur ====================================================== Aniket Kumar @ Sonu Rai S/O Late Chandeshwar Rai R/O VillageMankauli, P.S- Fakuli, District- Muzaffarpur. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ravi Ranjan, Advocate For the Opposite Party/s :
Mr.Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RITESH KUMAR ORAL ORDER 18-05-2026 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.
2. The petitioner apprehends his arrest in connection with Kudhani P.S. Case No. 57 of 2026 registered for the offences punishable under section 30(a) of the Bihar Prohibition & Excise Act.
3. As per the prosecution story which has been lodged on the basis of the written report submitted by the informant to the effect that on 05.04.2026, while the informant along with S.A.A.P forces was on patrolling duty at N.H.-22 Balia over bridge, he received a secret information that two liquor traders are loading liquors on two motorcycle near mango orchard of Yogendra Singh. Upon such information, the informant informed to the senior officials and reached at the said place. Upon seeing the police party, six persons on two motorcycles
Patna High Court CR. MISC. No.34121 of 2026(2) dt.18-05-2026 2/3 started fleeing. All the persons succeeded in fleeing away. The local Chowkidar identified the persons who fled away as Aniket Kumar @ Sonu Rai, Raju Kumar, Sunil Kumar, Pankaj Kumar, but he did not identify two other persons. Total 164.160 litres of foreign liquors was recovered from the road near mango orchard of Yogendra Singh and seizure list was prepared.
4. The learned counsel for the petitioner submits that petitioner has been falsely implicated in this case on account of his criminal antecedents. The petitioner has got no concern with the seized liquor. He submits that the liquor was seized from road near mango orchard. Moreover, on the basis of the identification done by the local Chowkidar, the petitioner has been made accused in this case. Except this, there is nothing against this petitioner. He further submits that petitioner has got five criminal antecedents of similar nature and he is on bail in all those cases.
5. The learned A.P.P. for the State submits that the petitioner is accused in five cases of similar nature and submits that he is habitual offender and therefore he does not deserve anticipatory bail.
6. Having heard the learned counsel for the parties and after going through the records, it appears that 164.160 litres of foreign liquor was recovered near the mango orchard and petitioner was not apprehended on the spot. The name of the petitioner has transpired in this case on the basis of statement
Patna High Court CR. MISC. No.34121 of 2026(2) dt.18-05-2026 3/3 given by the local Chowkidar, since he is accused in similar nature of cases. Considering the same, let the above named petitioner, in the event of arrest/surrender within a period of six weeks, be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge Excise Court No. II, Muzaffarpur in connection with Kudhani P.S. Case No. 57 of 2026, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure/ 482(2) of the Bhartiya Nagrik Suraksha Sanhita, 2023 with further condition:
(i) The trial court shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedents, the court concerned shall take step for cancellation of bail bonds 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.
(Ritesh Kumar, J) vinita/- U T