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Patna High Court

Sonu Pasi @ Sonu Kumar @ Sona KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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
                                                        3/3




                      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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