Patna High Court
Sonu kumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted bail to the petitioners, directing them to furnish a bail bond of Rs.10,000 each with two sureties.
Summary
The petitioners, Sonu Kumar and Indu Devi, applied for bail in a case (Taraiya P.S. Case No.81 of 2026) involving alleged possession of 133.56 litres of illicit foreign liquor, alleged under Sections 30(a) and 41 of the Bihar Prohibition and Excise Act, 2018. The prosecution argued that the liquor was recovered from a vehicle owned by petitioner No.1, while the petitioners contended that nothing was recovered from their personal possession and that the seizure was not made in compliance with Section 105 of the BNSS. They also highlighted their lack of prior criminal record and that they had been in judicial custody since 1 March 2026. The State opposed bail. After hearing both sides, the Court found the petitioners’ arguments persuasive and ordered that they be released on bail upon furnishing a bond of Rs.10,000 each with two sureties, subject to the satisfaction of the Exclusive Special Excise Court.
Issues considered
- Whether bail should be granted to the accused under the Bihar Prohibition and Excise Act, 2018.
- Whether the seizure of the alleged illicit liquor complied with Section 105 of the BNSS.
- Whether the absence of criminal antecedents and the circumstances of custody justify bail.
Legislation cited
- BNSS — s. 105
Subjects
- bail
- Bihar Prohibition and Excise Act
- seizure procedure
- Section 105 BNSS
- judicial custody
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23031 of 2026
Arising Out of PS. Case No.-81 Year-2026 Thana- TARAIYA District- Saran
======================================================
1. Sonu kumar S/O Chunmun Singh Resident of Village- Madhuban, P.S-
Sarairanjan, District- Samastipur.
2. Indu Devi W/O Dharmdas R/O Village- Mordeva, P.S- Muffasil, Distt.-
Samastipur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Madhav Kumar, Advocate
For the Opposite Party/s : Mr. Khurshid Anwar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 08-04-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The petitioners have prayed for bail in connection
with Taraiya P.S. Case No.81 of 2026 registered for the offence
punishable under Sections 30(a) & 41 of the Bihar Prohibition
and Excise Act, 2018.
3. The case of the prosecution, in short, is that from a
car altogether 133.56 liters of illicit foreign liquor was
recovered.
4. Learned counsel appearing on behalf of the
petitioners has submitted that petitioner no.1 is the owner of the
vehicle whereas petitioner no.2 has taken life in that car.
Patna High Court CR. MISC. No.23031 of 2026(2) dt.08-04-2026
2/2
Learned counsel for the petitioners has further submitted that
nothing has been recovered from the possession of these
petitioners. Learned counsel for the petitioners has further
submitted that the witnesses of the seizure list are police
personnel and police have not complied Section 105 of the
BNSS while making seizure. Learned counsel for the petitioners
has lastly submitted that the petitioners are having no criminal
antecedent and they are in judicial custody since 01.03.2026.
5. The application for bail is opposed by learned APP
for the State.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court is
inclined to enlarge the petitioners on bail. The above named
petitioners are directed to be enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rs. ten thousand only) each with two
sureties of the like amount each to the satisfaction of the court
of learned Exclusive Special Excise Court no.-3, Saran at
Chapra in connection with Taraiya P.S. Case No.81 of 2026.
(Ashok Kumar Pandey, J)
durgesh/-
U T
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