Created by Fuzzy Cloud

Patna High Court

Sonu Kumar Yadav @ Sonu Yadav @ SonuversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.