Patna High Court
Sonu Kumar ChoudharyversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
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
- Bihar Narcotic Substances Act, 2023 — s. 336(3), 338, 340(2)
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
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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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