Patna High Court
Sonu Kumar Yadav @ Sonu Yadav @ SonuversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
Bail was granted to the petitioner.
Summary
The petitioner, Sonu Kumar Yadav, was charged under Sections 30(a), 41(1), 31(1) and 31(2) of the Bihar Prohibition and Excise (Amendment) Act, 2022 for allegedly facilitating the recovery of 5,290.08 litres of liquor from a truck and 95.04 litres from a Maruti car. He contended that he was not arrested at the scene, no liquor was found in his possession, and that he was implicated solely on the testimony of a hostile chowkidar. The petitioner had been in custody since 20 January 2026 and a charge‑sheet had already been filed. He applied for bail, assuring the court that he would not abscond and would cooperate with the trial. The court, after considering the submissions, ordered his release on bail upon furnishing a bond of Rs.5,000 with two sureties of equal amount.
Issues considered
- Whether bail should be granted to the petitioner despite the seriousness of the offences under the Bihar Prohibition and Excise (Amendment) Act, 2022.
- Whether the petitioner is likely to abscond or tamper with evidence.
- Whether the prosecution’s evidence, primarily the chowkidar’s testimony, justifies denial of bail.
Subjects
- bail
- prohibition and excise law
- liquor seizure
- criminal procedure
- non‑possessory arrest
- court order
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17057 of 2026
Arising Out of PS. Case No.-218 Year-2025 Thana- PANDAUL District- Madhubani
======================================================
Sonu Kumar Yadav @ Sonu Yadav @ Sonu S/o Ramsuchit Yadav @ Ram
Suchit Yadav R/o Village - Sagarpur, P.S - Sakari, District - Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Jitendra Kumar Bharti
For the Opposite Party/s : Mr. Suresh Prasad Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 18-04-2026 1. Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner seeks bail in a case registered for the
offence punishable under Sections 30(a), 41(1), 31(1), 31(2) of
Bihar Prohibition and Excise (Amendment) Act, 2022.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of one case and allegation is of
recovery of 5290.08 litres of liquor from a truck and 95.04 litres
of liquor from a Maruti car. It is next submitted that petitioner
was not arrested from the spot as such nothing was recovered
from his conscious possession and is not the owner of any of the
seized vehicle and he came to be implicated at the instance of
chowkidar with whom he is on an inimical term. It is also
submitted that if chowkidar was aware of the involvement of the
Patna High Court CR. MISC. No.17057 of 2026(2) dt.18-04-2026
2/2
petitioner in the occurrence then why he did not inform the
police prior to institution of the instant FIR which casts an
aspersion on the case of the prosecution. It is next submitted that
petitioner is in custody since 20.01.2026 and charge sheet has
been submitted. It is also submitted that if privilege of bail is
granted to the petitioner, the petitioner will not abscond rather
will cooperate in the trial to prove his innocence.
4. Learned A.P.P. opposes the prayer for bail of the
petitioner.
5. Considering the submissions made by the learned
counsel for the petitioner, the petitioner above-named, is
directed to be released on bail on furnishing bail bonds of
Rs.5000/- (Rupees five thousand) with two sureties of the like
amount each to the satisfaction of the learned trial court where
the case is pending/successor court in connection with Pandaul
P.S. Case No.218/2025.
(Satyavrat Verma, J)
amit/-
U T
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