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Patna High Court

Sonu Ram @ SonuversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioners subject to bond and conditions.

Summary

Petitioners Sonu Ram and Nitish Kumar were arrested on 30 November 2025 in connection with a case involving the alleged illegal possession of 546 litres of cough syrup and 875 bottles of glucose water, alleged offences under Sections 30(a) and 41 of the Bihar Prohibition and Excise Act, 2022. They contended that the seized items were found in a vehicle not owned or driven by them, that they had no prior criminal record, and that the investigation failed to comply with Sections 103 and 105 of the BNSS, 2023. The State opposed bail, but the court noted the lack of recovery from the petitioners' conscious possession and the procedural lapses. Consequently, the court granted bail to each petitioner on a bond of Rs.10,000 with two sureties, imposing conditions of cooperation, presence in court, and non‑tampering with evidence. The bail order was subject to verification of criminal antecedents and could be cancelled on breach of conditions.

Issues considered

  • Whether bail should be granted to the petitioners despite the alleged offences under the Bihar Prohibition and Excise Act, 2022.
  • Whether the non‑compliance of Sections 103/105 of the BNSS, 2023 warrants bail.
  • Whether the seizure of goods not found in the petitioners' conscious possession affects the bail decision.

Legislation cited

Subjects

  • bail
  • prohibition and excise
  • seizure
  • clean antecedent
  • procedural non‑compliance
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.19410 of 2026
                        Arising Out of PS. Case No.-278 Year-2025 Thana- BIHRA District- Saharsa
                 ======================================================
           1.     Sonu Ram @ Sonu Son of Mohan Ram R/o Ward no. 13, Village - Phulkaha,
                  Post - Phulkaha, P.S. - Gazipur Karshari, Dist. - Sheohar, Bihar.
           2.    Nitish Kumar Son of Mahesh Kumar R/o Murli Ward No. - 5, Mahishi, P.S. -
                 Saharsa, Dist. - Saharsa, Bihar.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Sunil Kumar Singh, Advocate
                 For the Opposite Party/s :       Mr. Sanjay Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   31-03-2026                     Heard Mr. Sunil Kumar Singh, learned counsel for

                   the petitioners and Mr. Sanjay Kumar, learned Additional Public

                   Prosecutor for the State.

                               2. Petitioners seeks bail who are in custody since

                   30.11.2025 in connection with Bihra P.S. Case No. 278 of 2025,

                   F.I.R. dated 29.11.2025 for the offences punishable under

                   Sections 30(a) and 41 of the Bihar Prohibition and Excise Act,

                   2022.

                               3. Recovery is of 546 liters of cough syrup along with

                   875 bottles of medical glucose water.

                               4. Learned counsel for the petitioners submits that

                   petitioners have clean antecedent and they have falsely been
Patna High Court CR. MISC. No.19410 of 2026(2) dt.31-03-2026
                                            2/3




          implicated in the present case. The allegation as alleged in the

          F.I.R is false and fabricated and the petitioners have not

          committed any offence as alleged in the F.I.R. It appears from

          the FIR as well as seizure list that nothing has been recovered

          from the conscious possession of the petitioner rather the

          recovery has been made from the vehicle in question and these

          petitioners are neither the owner nor the driver of the said

          vehicle in question and they have been made accused merely on

          the basis of suspicion. Except the aforesaid, no other material

          has come during investigation which suggest the involvement of

          the petitioners in the present occurrence. He further submits that

          there is non-compliance of Section 103/105 of the BNSS, 2023.

          The petitioners are in custody since 30.11.2025.

                      5.    Learned       Additional       Public   Prosecutor   has

          vehemently opposed the prayer for bail of the petitioners.

                       6. Considering the aforesaid facts and circumstances

          that the petitioners have clean antecedent, nothing has been

          recovered from the conscious possession of the petitioners and

          there is non-compliance of Section 103/105 of the BNSS, 2023,

          let the petitioners, above named, be released on bail on

          furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with

          two sureties of the like amount each to the satisfaction of the
            Patna High Court CR. MISC. No.19410 of 2026(2) dt.31-03-2026
                                                        3/3




                      learned Exclusive Special (Excise) Judge-II, Saharsa in

                      connection with Bihra P.S. Case No. 278 of 2025, subject to the

                      following conditions:-

                                   i. Petitioners shall co-operate in the trial and shall be

                      properly represented on each and every date fixed by the court

                      and shall remain physically present as directed by the court and

                      on their absence on two consecutive dates without sufficient

                      reason, their bail bond shall be cancelled by the Court below.

                                   ii. If the petitioners 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 petitioners and in case at

                      any stage it is found that the petitioners have concealed their

                      criminal antecedent, the court below shall take step for

                      cancellation of bail bond of the petitioners. 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)
Vanisha/-
U      T


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