Patna High Court

Sonu KumarversusThe State of Bihar

Decided: 23 February 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The Court grants bail to the petitioner subject to monetary and surety conditions.

Summary

The petitioner, Sonu Kumar, was arrested in connection with a case alleging the recovery of 1,500 litres of liquor from a vehicle, alleged to be a violation of Section 30(a) of the Bihar Prohibition and Excise Act. He contended that he was falsely implicated, had no incriminating article in his possession, and had no link to the vehicle, also noting the absence of compliance with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023. The State opposed the bail application, arguing the seriousness of the offence. The Court examined the lack of direct evidence against the petitioner, his clean criminal record, and the period of custody already served. Considering these factors, the Court decided to grant bail, subject to a cash bond and surety conditions, and required his appearance at all trial dates. The bail order was issued after directing the framing of charges, if not already done.

Issues considered

Whether bail should be granted to the petitioner under Section 30(a) of the Bihar Prohibition and Excise Act.
Whether the non‑compliance with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, affects the bail application.
Whether the petitioner’s alleged involvement in the liquor seizure is sufficient to deny bail.

Legislation cited

Bharatiya Nagarika Suraksha Sanhita, 2023 — s. 103

Subjects

bail
Bihar Prohibition and Excise Act
Bharatiya Nagarika Suraksha Sanhita
Section 30(a)
Section 103
criminal procedure
surety

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.11949 of 2026
                           Arising Out of PS. Case No.-2 Year-2026 Thana- PIPRA District- Patna
                 ======================================================
                 Sonu Kumar S/O Sanjay Mistri R/O- Shahpur, P.S.- Gopalpur, Distt- Patna

                                                                                     ... ... Petitioner/s
                                                         Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Ram Jiban Pd Singh, Advocate
                 For the Opposite Party/s :        Mr. Rajesh Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   23-02-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                               2. The petitioner seeks bail in connection with Pipra

                   P.S. Case No. 2 of 2026 instituted for the offences punishable

                   under Section 30(a) of the Bihar Prohibition and Excise Act.

                               3. The prosecution case, in short, is that total 1500

                   litres of liquor was recovered from car.

                               4. Learned counsel for the petitioner submitted that the

                   petitioner has falsely been implicated in the present case. No

                   incriminating article has been recovered from the conscious

                   possession of the petitioner. Learned counsel further submitted

                   that petitioner is in no manner connected with the vehicle in

                   question or the alleged recovery of liquor. The petitioner is in

                   custody since 08.01.2026 and has no criminal antecedent. There
           Patna High Court CR. MISC. No.11949 of 2026(2) dt.23-02-2026
                                                        2/2




                     is no compliance of Section 103 of the Bharatiya Nagarika

                     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 as also 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, after framing

                     of charge, if not already framed, 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 Pipra P.S. Case No. 2

                     of 2026, subject to the following conditions:

                                   (I) One of the bailors shall be own/close member of

                     the family of the petitioner.

                                   (II) The petitioner shall appear on each and every date

                     fixed at the trial. In case of default in such appearance on two

                     consecutive dates, the Trial Court will have liberty to cancel the

                     bail bonds of the petitioner.



                                           (Rudra Prakash Mishra, J)
Alok Verma/-

U      T

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