Patna High Court
Sonu KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted regular bail to the petitioner.
Summary
The petitioner, Sonu Kumar, was arrested in connection with the seizure of 321 litres of illicit liquor from a Scorpio vehicle, alleged to be in violation of sections 317(5), 318(4), 338, 336(3) of the Bihar Narcotic Substances Act and section 30(a) of the Bihar Prohibition and Excise Act. He contended that he was merely the driver, had no knowledge of the contraband, and that nothing was recovered from his personal possession. The prosecution argued that the vehicle was used for the illegal liquor trade. The petitioner also highlighted his clean criminal record and his continued detention since 4 March 2026. After hearing both sides, the court found insufficient grounds to deny bail and ordered his release on regular bail upon furnishing a bond of Rs.10,000 with two sureties.
Issues considered
- Whether the petitioner, as a driver of the vehicle, is entitled to regular bail despite the serious offences alleged under the Bihar Narcotic Substances Act and the Bihar Prohibition and Excise Act.
- Whether the absence of any seized contraband in the petitioner's personal possession and his clean antecedents justify granting bail.
Legislation cited
- Bihar Narcotic Substances Act — s. 317(5), 318(4), 336(3), 338
Subjects
- regular bail
- illicit liquor
- excise law
- driver liability
- section 105
- criminal antecedent
- bond
- sureties
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22166 of 2026
Arising Out of PS. Case No.-98 Year-2026 Thana- MUSAHARI District- Muzaffarpur
======================================================
Sonu Kumar S/o Ram Pravesh Sahni R/o Village - Balughat Brahamsthan, P.S
- Sikandarpur, District - Muzaffarpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Anish Kumar, Advocate
For the Opposite Party/s : Mr. Mritunjay Kumar Nirala, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 06-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for regular bail in a case
registered for the offence punishable under section 317(5),
318(4), 338, 336(3) of BNS and Section 30(a) of Bihar
Prohibition and Excise Act.
3. The case of the prosecution is that from a scorpio
vehicle, altogether 321 liters of illicit liquor was recovered.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. Learned
counsel for the petitioner has submitted that nothing has been
recovered from the possession of the petitioner. He has been
falsely implicated in this case as he is the driver of the said
vehicle. He is unaware of the illicit liquor. Police has not
Patna High Court CR. MISC. No.22166 of 2026(2) dt.06-04-2026
2/2
complied Section 105 of BNSS while preparing seizure list and
the seizure list witnesses are police personnel. A statement has
been made in para-3 of this petition that the petitioner has got no
criminal antecedent. Moreover, he is languishing in judicial
custody since 04.03.2026.
5. Learned APP appearing for the State has
vehemently opposed the prayer of regular bail.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be released on bail in connection with
Mushahari P.S. Case No. 98 of 2026 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-III, Muzaffarpur.
(Ashok Kumar Pandey, J)
Shubham/-
U T
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