Patna High Court
Sonu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court granted bail to the petitioners subject to the stipulated conditions.
Summary
Petitioners Sonu Kumar and Ujawal Kumar were arrested in connection with the seizure of 108.540 litres of illicit liquor and charged under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2018. They applied for bail, claiming innocence, no prior criminal record, and offered to donate Rs.25,000 each to a charitable organization without admitting guilt. The State opposed the bail. The court, after considering the facts and submissions, ordered that bail be granted on a bond of Rs.10,000 with two sureties, conditioned on the donation of Rs.25,000 each to the Ramakrishna Mission Ashram, verification of their clean antecedent, and mandatory monthly attendance at the police station. The bail bonds would be cancelled upon any default. The order was directed to the lower court for implementation.
Issues considered
- Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2018.
- Whether the conditions imposed (donation, sureties, police‑station attendance, antecedent verification) are lawful and appropriate.
Legislation cited
Subjects
- bail
- illicit liquor
- prohibition law
- Section 30(a)
- Bihar Prohibition and Excise Amendment Act
- criminal antecedent
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.44629 of 2026
Arising Out of PS. Case No.-21 Year-2026 Thana- Khawaspur District- Bhojpur
======================================================
1. Sonu Kumar S/o Kedar Ray R/o Village - Bahoranpun, P.S. -
Rustampur(Raghopur), Dist. - Vaishali.
2. Ujawal Kumar S/o Gauri Ray R/o Village - Bahoranpun, P.S. -
Rustampur(Raghopur), Dist. - Vaishali.
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Navin Kumar Singh
For the Opposite Party/s : Mr.Narsingh Tanti
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 08-07-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The petitioners seek bail in connection with
Khawaspur P.S. Case No. 21 of 2026 registered for the offence
under Section 30(a) of the Bihar Prohibition and Excise
Amendment Act, 2018.
3. The recovery is of 108.540 liters of illicit liquor.
4. Learned counsel for the petitioners submits that
the petitioner is innocent and they are in custody since
02.06.2026.
5. Learned counsel for the petitioners submits that the
petitioners are ready to donate Rs. 25,000/- each in some
Patna High Court CR. MISC. No.44629 of 2026(2) dt.08-07-2026
2/3
charitable organization without accepting their guilt. He further
submits that the petitioners have no criminal antecedent.
6. Learned APP appearing for the State opposes the
prayer for bail of the petitioners.
7. Considering the facts and circumstances of the
case and submissions of learned counsel for the petitioners, let
the petitioners, above named, be released on bail upon
furnishing bail bonds of Rs.10,000/- (ten thousand) with two
sureties of the like amount each to the satisfaction of the learned
concerned Court below in connection with Khawaspur P.S. Case
No. 21 of 2026.
8. This is also subject to the condition that the
petitioner shall deposit an amount of Rs. 25,000/- each in
Ramakrishna Mission Ashram, Nala Road, Patna and produce
the receipt of the same before the Court below. The bail bonds
of the petitioner shall be accepted after verifying the
genuineness of the receipt produced by the petitioners.
9. As a condition of this order, the petitioners, after
being released on bail, are directed to mark their attendance at
Rustampur (Raghopur) Police Station on every Sunday of each
month. Any default in appearance at the police station will result
in cancellation of bail bonds of the petitioners.
Patna High Court CR. MISC. No.44629 of 2026(2) dt.08-07-2026
3/3
10. As the petitioners claim to have clean antecedent,
the Court below, before accepting the bail bonds of the
petitioners, is directed to verify the antecedent of the petitioners.
If the petitioners are found to be involved in any other case then
the bail bonds of the petitioners shall not be accepted.
(Sandeep Kumar, J)
Vikas/-
U
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