Patna High Court
Sonu Kumar ChoudharyversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail is to be granted because the petitioner has a clean antecedent, no conscious possession of the seized liquor, and there are procedural violations in the seizure.
Summary
The petitioner, Sonu Kumar Choudhary, was arrested on 1 February 2026 in connection with the seizure of 225 litres of illicit liquor under Section 30(a) of the Bihar Prohibition and Excise Act. He applied for bail, claiming a clean criminal record and that the liquor was recovered from a vehicle he did not own, meaning no conscious possession. The counsel also argued that the seizure violated Sections 103 and 105 of the BNSS, 2023. The State opposed bail. The Court considered the lack of conscious possession, the petitioner’s clean antecedent, and procedural lapses, and ordered that bail be granted on a bond of Rs.10,000 with two sureties, subject to conditions regarding cooperation, appearance, and non‑tampering with evidence. The bail order was directed to the Exclusive Special Judge, Excise, Madhubani.
Issues considered
- Whether bail should be granted to the petitioner under Section 30(a) of the Bihar Prohibition and Excise Act.
- Whether the alleged non‑compliance of Sections 103 and 105 of BNSS, 2023, warrants bail.
- Whether the absence of conscious possession and ownership of the vehicle affects the bail decision.
Legislation cited
- BNSS, 2023 — s. 103, 105
Subjects
- bail
- illicit liquor
- excise
- Section 30(a)
- Bihar Prohibition and Excise Act
- BNSS 2023
- conscious possession
- procedural lapse
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21268 of 2026
Arising Out of PS. Case No.-54 Year-2026 Thana- Excise P.S. District- Madhubani
======================================================
Sonu Kumar Choudhary Son of Ravindra Choudhary @ Ravindra Kumar
Chaudhari Resident of Village- Rajputana, P.S.- Jaynagar, District-
Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Miss Kusum Rani, Advocate
For the Opposite Party/s : Mr.Yogendra Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 10-04-2026 Heard Miss Kusum Rani, learned counsel for the
petitioner and Mr.Yogendra Kumar Singh, learned A.P.P. for the
State.
2. The petitioner seeks bail, who is in custody since
01.02.2026 in connection with G.O. No.320/2026 arising out of
Sadar Excise P.S. Case No. 54 of 2026, F.I.R. dated 01.02.2026
registered for the offence punishable under Section 30(a) of
Bihar Prohibition and Excise Act.
3. Recovery is of 225 liters of illicit liquor.
4. Learned counsel appearing for the petitioner
submits that the petitioner has clean antecedent. Further submits
that it appears from the FIR as well as the seizure list that
nothing has been recovered from conscious possession of the
Patna High Court CR. MISC. No.21268 of 2026(2) dt.10-04-2026
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petitioner rather the recovery has been made from the vehicle in
question and the petitioner is not the owner of the vehicle in
question. Further submits that from a bare perusal of the FIR it
appears that there is non-compliance of Sections 103 and 105 of
BNSS, 2023 and altogether 225 liters of Napali country made
liquor was recovered from the vehicle in question and the
petitioner is in custody since 01.02.2026.
5. Learned APP for the State has opposed the prayer
for bail of the petitioner.
6. Considering the aforesaid fact, petitioner has clean
antecedent, nothing has been recovered from conscious
possession of the petitioner and there is non-compliance of
Sections 103 and 105 of BNSS, 2023, let the petitioner, above
named, be released on bail on furnishing bail bond of
Rs.10,000/- (Ten Thousand) with two sureties of the like amount
each to the satisfaction of learned Exclusive Special Judge,
Excise, Madhubani in connection with G.O. No.320/2026
arising out of Sadar Excise P.S. Case No. 54 of 2026, with the
following conditions:-
(I) Petitioner 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
Patna High Court CR. MISC. No.21268 of 2026(2) dt.10-04-2026
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on his/her absence on two consecutive dates without sufficient
reason, his/her bail bond shall be cancelled by the Court below.
(II) If the petitioner 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 petitioner and in case at
any stage, it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. 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)
Nitesh/-
U T
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