Patna High Court
Sonu Pasi @ Sonu Kumar @ Sona KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
The court held that bail should be granted as there is no cogent material against the petitioner and a possibility of false implication.
Summary
The petitioner, Sonu Pasi, was named in a case under Section 30(a) of the Bihar Prohibition and Excise Act for the alleged seizure of 200 litres of Mahua liquor from the river Sone. The prosecution’s case rests solely on the identification by a Dafadar, who is not listed as a witness in the seizure report, and no incriminating material was recovered from the petitioner. The petitioner contended that he was not present at the spot, has a clean antecedent, and is being falsely implicated. The court examined the lack of substantive evidence and the possibility of false implication. Considering these factors, the court exercised its power under Section 482(2) of the B.N.S.S. and ordered the petitioner’s release on bail upon furnishing a bail bond and sureties.
Issues considered
- Whether bail can be granted to the petitioner in the absence of any incriminating material and on the ground of possible false implication under Section 30(a) of the Bihar Prohibition and Excise Act.
- Whether the court may exercise its inherent powers under Section 482(2) of the B.N.S.S. to release the accused on bail.
Legislation cited
- B.N.S.S. — s. 482(2)
Subjects
- bail
- false implication
- Bihar Prohibition and Excise Act
- Section 30(a)
- Section 482(2)
- criminal procedure
- excise
- Mahua liquor
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21339 of 2026
Arising Out of PS. Case No.-65 Year-2025 Thana- NASRIGANJ District- Rohtas
======================================================
Sonu Pasi @ Sonu Kumar @ Sona Kumar S/o- Raja Ram Pasi @ Dinesh
Chaoudhary Resident of Village- Badak Sabadala @ Sabadala PS- Nasriganj
District- Rohtas
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Rakesh Singh, Advocate
For the Opposite Party/s : Mr.Narsingh Tanti, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
2 10-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. In the present case, the petitioner is
apprehending his arrest in connection with Nasriganj P.S. Case
No. 65 of 2025 registered for the offences under Section 30(a)
of Bihar Prohibition and Excise Act.
3. As per prosecution case, during special drive,
200 litres of country made Mahua liquor was recovered from the
bank of river Sone and the Dafadar named this petitioner, who
fled away on seeing the police party apart from other co-accused
persons.
4. Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.21339 of 2026(2) dt.10-04-2026
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the petitioner is innocent and has falsely been implicated in this
case. The petitioner was not present at the spot and he has been
named accused in this case on saying of one Dafadar, but the
said person is not the witness in the seizure list and it appears to
be a case of false implication. Learned counsel further submits
that prior to the registration of the present case the petitioner
was having clean antecedent but after the institution of the
present case, he has been made accused in another case of
similar nature. Learned counsel further submits that there is no
cogent material to show the involvement of the petitioner,
whose implication is merely on suspicion.
5. Learned APP opposes the submission made on
behalf of the petitioner.
6. Having regard to the facts and circumstances and
submissions made on behalf of the parties and considering the
fact that the petitioner was not apprehended from the spot and
nothing incriminating has been recovered from the person or
possession of the petitioner and further considering the absence
of cogent material against the petitioner and also considering the
possibility of false implication, let the petitioner above named,
in the event of his arrest or surrender before the court concerned
within a period of eight weeks from today, be released on bail,
Patna High Court CR. MISC. No.21339 of 2026(2) dt.10-04-2026
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on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand
Only) with two sureties of the like amount each to the
satisfaction of learned Exclusive Special Excise Judge-II,
Sasaram/concerned court in connection with Nasriganj P.S. Case
No. 65 of 2025, subject to the condition as laid down under
Section 482(2) of the B.N.S.S. and other following conditions :
(i) One of the bailors will be a close
relative of the petitioner.
(ii) The petitioner will remain present
on each and every date fixed by the
court below, if so required by the
learned trial court.
(Arun Kumar Jha, J)
DKS/-
U T
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