Patna High Court
Sonu RajakversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court granted bail to the petitioner with specified conditions.
Summary
The petitioner, Sonu Rajak, was arrested in connection with a case alleging that 16.875 litres of liquor were recovered behind his house, violating Section 30(a) of the Bihar Prohibition and Excise Act. He claimed innocence, arguing that the liquor was found in an open public area and that he had no possession of it, and that his earlier anticipatory bail had been denied. The State opposed bail, emphasizing the seriousness of the offence and the petitioner’s six prior criminal antecedents. The court noted the lack of incriminating material in the petitioner’s conscious possession and the absence of compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, but considered the length of custody and the circumstances. Accordingly, the court granted bail on a cash bond of Rs. 15,000 with two sureties, imposing conditions of personal surety, regular appearance, and non‑interference with evidence or witnesses. The trial court was directed to cancel the bail if any condition is violated.
Issues considered
- Whether bail should be granted to the petitioner under Section 30(a) of the Bihar Prohibition and Excise Act given the facts of the case.
- Whether the prior rejection of anticipatory bail affects the present bail application.
- Whether non‑compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, warrants denial of bail.
Legislation cited
Subjects
- bail
- prohibition law
- excise
- criminal procedure
- anticipatory bail
- Section 30(a)
- Bihar Prohibition and Excise Act
- Bharatiya Nagarik Suraksha Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11508 of 2026
Arising Out of PS. Case No.-481 Year-2024 Thana- BUXAR District- Buxar
======================================================
Sonu Rajak Son of Karim Rajak R/O Vill.- Nehru Nagar Buxar, P.S.- Buxar
(T), Dist.- Buxar.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Dr.Kamal Deo Sharma, Advocate
For the Opposite Party/s : Mr.Shyameshwar Dayal, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 13-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with Buxar
(T) P.S. Case No. 481 of 2024, instituted for the offences
punishable under Section 30(a) of the Bihar Prohibition and
Excise Act.
3. The prosecution case, in short, is that 16.875 liters
liquor was recovered behind the house of the petitioner.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
present case. He further submitted that earlier the anticipatory
bail of the petitioner was rejected by a co-ordinate Bench of this
court vide order dated 19.11.2024 passed in Criminal
Miscellaneous No. 77028 of 2024. No incriminating material
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has been recovered from the conscious possession of the
petitioner. The petitioner has got no concern with the alleged
recovery of liquor. Learned counsel for the petitioner further
submitted that the recovery has been made behind the house of
petitioner, which is an open place and is accessible to public at
large. The petitioner is in custody since 18.12.2025 and has got
six criminal antecedents. There is no compliance of Section 103
of the Bharatiya Nagarik Suraksha Sanhita, 2023.
5. Learned APP for the State has vehemently opposed
the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances
of the case and the period of custody undergone by the
petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail on furnishing
bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two
sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with Buxar (T) P.S. Case
No. 481 of 2024, subject to the following conditions:
(I) One of the bailors shall be the petitioner’s own or
close member.
(II) The petitioner shall appear on each and every date
fixed during the trial and shall not remain absent on two
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consecutive dates without sufficient cause.
(III) The petitioner shall not tamper with the
prosecution evidence or influence/intimidate any witness during
the course of trial.
In case of violation of any of the aforesaid conditions,
the Trial Court shall be at liberty to cancel the bail bonds of the
petitioner.
(Rudra Prakash Mishra, J)
manish/-
U T
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