Patna High Court
Sonu Ram @ SonuversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
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
- BNSS, 2023 — s. 103, 105
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
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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
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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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