Patna High Court
Sonu SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The Court granted bail to the petitioner, finding that the lack of ownership, procedural lapses, and the petitioner’s custody justified release on bond.
Summary
Sonu Singh was arrested on 19‑12‑2025 in connection with an excise case (PS No.138/2025) for the alleged possession of 77.760 litres of foreign liquor, alleged offences under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act, 2018. The petitioner contended that the liquor was seized from a car he did not own, that he had no conscious possession, and that the investigating agency failed to comply with Sections 103 and 105 of the BNSS. The prosecution opposed bail, citing a prior criminal antecedent, but also noted that the petitioner was already on bail in the same matter. The High Court, after considering the lack of ownership, procedural lapses, and the petitioner’s custody since 19‑12‑2025, granted bail on a bond of Rs.10,000 with two sureties and imposed conditions regarding cooperation, presence, non‑tampering with evidence, and verification of antecedents. The bail order was directed to be implemented by the Exclusive Special Judge, Excise Court No.3, Saran.
Issues considered
- What is the applicability of bail provisions when the accused claims non‑ownership and lack of conscious possession of the seized liquor?
- Whether non‑compliance with Sections 103 and 105 of the BNSS warrants the grant of bail.
- Whether the petitioner’s prior criminal antecedent affects the bail decision.
Legislation cited
- BNSS — s. 103, 105
Subjects
- bail
- excise law
- foreign liquor seizure
- ownership
- procedural compliance
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16692 of 2026
Arising Out of PS. Case No.-138 Year-2025 Thana- Excise Mashrakh District- Saran
======================================================
Sonu Singh Son of Hiralal Singh @ Heeralal Singh Resident of Village-
House No. 221, Lane No.2, Near Paswan Chowk Rajput Colony, Hajipur,
P.S.- Hajipur, District- Vaishali
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ajay Kumar Tiwary, Advocate
For the Opposite Party/s : Mr. Nitya Nand Tiwary, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 16-03-2026 Heard Mr. Ajay Kumar Tiwary, learned counsel for
the petitioner and Mr. Nitya Nand Tiwary, learned Additional
Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
19.12.2025 in connection with Excise Masrakh P.S. Case No.
138 of 2025, F.I.R. dated 18.12.2025 for the offences punishable
under Section 30(a) and 32(3) of the Bihar Prohibition and
Excise Act, 2018.
3. Recovery is of 77.760 liters of foreign liquor.
4. Learned counsel for the petitioner submits that
petitioner is innocent and he has falsely been implicated in the
present case. He further submits that it appears from the F.I.R.
as well as seizure list that nothing has been recovered from the
Patna High Court CR. MISC. No.16692 of 2026(2) dt.16-03-2026
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conscious possession of the petitioner rather the recovery has
been made from car in question and the petitioner is not the
owner of the said car. He further submits that there is non-
compliance of Section 103 and 105 of BNSS. The petitioner is
in custody since 19.12.2025.
5. The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner and
submits that the petitioner carries one criminal antecedent other
than the present one but fairly submits on the basis of
paragraph-3 of the bail application that the petitioner is on bail
in the said matter.
6. Considering the aforesaid facts and circumstances
and fact that the petitioner is not the owner of the car in question
and there is non-compliance of Section 103 and 105 of BNSS,
let the petitioner, above named, be released on bail on furnishing
bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of
the like amount each to the satisfaction of the learned Exclusive
Special Judge, Excise Court No.3rd, Saran at Chapra in
connection with Excise Masrakh P.S. Case No. 138 of 2025,
subject to the following conditions:-
i. Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
Patna High Court CR. MISC. No.16692 of 2026(2) dt.16-03-2026
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and shall remain physically present as directed by the court and
on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond 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.
(Rajesh Kumar Verma, J)
Suruchi/-
U T
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