Patna High Court
Soman Kumar @ Suman Kumar @ Suman Gop @ Suman GopeversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court granted bail to the petitioner subject to bond and conditions.
Summary
The petitioner, Soman Kumar, was arrested in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act for the alleged recovery of 100 litres of liquor near a riverbank. He claimed innocence, stating that no incriminating material was found in his possession and that the liquor was recovered from an open area accessible to all. The petitioner had been in custody since 19‑12‑2025 and possessed five prior criminal antecedents, and the prosecution noted non‑compliance with Section 103 of the BNSS, 2023. The State opposed bail, but the Court, after considering the facts, the period of custody, and the lack of direct evidence against the petitioner, decided to grant bail subject to a bond of Rs.15,000 with two sureties and several conditions. The order directed the petitioner to appear at all trial dates, not tamper with evidence or witnesses, and not commit a similar offence.
Issues considered
- Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act despite prior criminal antecedents and non‑compliance with Section 103 of the BNSS, 2023.
Legislation cited
- BNSS, 2023 — s. 103
Subjects
- bail
- Bihar Prohibition and Excise Act
- Section 30(a)
- BNSS 2023
- Section 103
- criminal antecedent
- evidence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13667 of 2026
Arising Out of PS. Case No.-314 Year-2018 Thana- FATUA District- Patna
======================================================
Soman Kumar @ Suman Kumar @ Suman Gop @ Suman Gope S/o- Late
Chandradev Rai @ Indradev Yadav @ Indradeo Yadav @ Chandradeo
Yadav/Singh R/v- Bhagwanpur Ps- Fatuha Current Ps- Pachrukhiya Dist-
Patna
... ... 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. Sanjay Kumar Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 26-02-2026 Heard learned counsel for the petitioner and learned APP
for the State.
2. The petitioner seeks bail in connection with Fatuha
PS Case No. 314 of 2018 instituted for the offences under
Section/s 30(a) of the Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that 100 liters
liquor was recovered near the bank of a river.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
present case. No incriminating material has been recovered from
the conscious possession of the petitioner. The petitioner has got
no concern with the alleged recovery of liquor. It is submitted
Patna High Court CR. MISC. No.13667 of 2026(2) dt.26-02-2026
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that recovery is from an open place, which is accessible to one
and all. The petitioner is in custody since 19.12.2025 and has
got five (5) criminal antecedent/s. There is no compliance of
Section 103 of the BNSS, 2023.
5. Learned A.P.P. 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, after framing
of charge, if not already framed, on furnishing bail bonds of
Rs.15,000/- (Fifteen thousand) with two sureties of the like
amount each to the satisfaction of Court below/concerned Court
in connection with Fatuha PS Case No. 314 of 2018, 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 and shall not remain absent on two consecutive
dates without sufficient cause.
(III) The petitioner will not tamper with the evidence
or the witnesses during the trial.
Patna High Court CR. MISC. No.13667 of 2026(2) dt.26-02-2026
3/3
(IV) Petitioner shall not commit offence of similar
nature in future.
If any of the above conditions are violated, the Trial
Court shall be at liberty to cancel the bail bonds of the
petitioner.
(Rudra Prakash Mishra, J)
Raj Kishore/-
U T
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