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Patna High Court

Sonu Kumar ChoudharyversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted to the petitioner subject to a bond of Rs.10,000 and two sureties of equal amount.

Summary

The petitioner, Sonu Kumar Choudhary, was arrested in connection with the alleged recovery of 1528.200 liters of liquor from a truck and charged under Sections 338, 336(3) and 340(2) of the Bihar Narcotic Substances Act, 2023, together with Section 30(a) of the Bihar Excise Act. He contended that he has a clean record, was not apprehended at the spot, did not have the liquor in his conscious possession, and is not the owner of the vehicle, having been implicated by a watchman. The State opposed bail, arguing the seriousness of the offences. The Court, after considering the submissions, ordered the petitioner’s release on bail upon furnishing a bond of Rs.10,000 with two sureties of the same amount, pending further trial.

Issues considered

  • Whether bail should be granted to the petitioner despite the serious nature of the offences under the Bihar Narcotic Substances Act and the Bihar Excise Act
  • Whether the petitioner’s lack of possession and ownership of the seized vehicle warrants bail

Legislation cited

Subjects

  • bail
  • criminal procedure
  • Bihar Narcotic Substances Act
  • Bihar Excise Act
  • seizure of liquor
  • possession
  • watchman testimony

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.1758 of 2026
                     Arising Out of PS. Case No.-65 Year-2025 Thana- SAKATPUR District- Darbhanga
                 ======================================================
                 Sonu Kumar Choudhary S/o- Lalan Chaudhary R/v- Nadiyami Ps- Sakatpur
                 Dist- Darbhanga

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Raghvendra Kumar, Advocate
                 For the Opposite Party/s :       Ms. Asha Kumari, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   30-01-2026                        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 offences punishable under Sections 338, 336(3) and 340(2)

                   of the BNS, 2023 read with Section 30(a) of the Bihar Excise

                   Act.

                                    3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 1528.200 liters of liquor from a truck.

                                    4. Learned counsel for the petitioner submits that

                   petitioner was not apprehended from the spot as such nothing

                   was recovered from his conscious possession and is not the

                   owner of the seized vehicle and came to be implicated at the

                   instance of Chowkidar. It is also submitted that petitioner is in
            Patna High Court CR. MISC. No.1758 of 2026(2) dt.30-01-2026
                                                        2/2




                      custody since 24.11.2025.

                                        5. Learned A.P.P. for the State opposes the bail

                      application of the petitioner.

                                      6. 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.

                      10,000/-(Rupees Ten 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 Sakatpur

                      P.S. Case No. 65 of 2025.



                                                              (Satyavrat Verma, J)
Rishabh/-

U      T


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