Patna High Court
Sonu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
Bail was granted to the petitioner subject to specified monetary and procedural conditions.
Summary
The petitioner, Sonu Kumar, was arrested in connection with the recovery of 251 litres of illicit liquor and charged under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act. He pleaded innocence, asserted a clean antecedent, and offered to donate Rs. 25,000 to a charitable organization without admitting guilt. The State opposed his bail application. The High Court, after considering the submissions, granted bail on the condition that the petitioner furnish a bail bond of Rs. 10,000 with two sureties, deposit Rs. 25,000 with Ramakrishna Math, and verify his antecedent. Additional conditions included weekly attendance at the Madhepura Police Station and compliance with any further verification by the lower court. The order was limited to the bail application and did not prejudice the merits of the trial.
Issues considered
- Whether the petitioner is entitled to bail for offences under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act.
- Whether the conditions imposed by the Court for granting bail are lawful and appropriate.
Subjects
- bail
- excise law
- illicit liquor
- criminal procedure
- Bihar Prohibition and Excise Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23046 of 2026
Arising Out of PS. Case No.-50 Year-2026 Thana- Excise P.S. District- Kishanganj
======================================================
Sonu Kumar S/o Suresh Yadav R/o Village - Tuniahi Ward no. 5, P.S and
District - Madhepura
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Rajeev Ranjan, Advocate
For the State : Mr.Madan Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 09-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
Madhya Nisedh P.S. Case No. 50 of 2026 registered for the
offence punishable under Sections 30(a) and 32(3) of the Bihar
Prohibition and Excise Act.
3. As per the prosecution case, there is recovery of
251 litres of illicit liquor.
4. It has been submitted by the learned counsel for the
petitioner that the petitioner is innocent and has falsely been
implicated in this case. The petitioner is in custody since
15.01.2026 and claims clean antecedent.
5. Learned counsel for the petitioner submits that the
petitioner is ready to donate Rs. 25,000/- in some charitable
Patna High Court CR. MISC. No.23046 of 2026(2) dt.09-04-2026
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organization without accepting his guilt.
6. Learned APP appearing for the State opposes the
prayer for bail of the petitioner.
7. Considering the facts and circumstances of the case
and submissions of learned counsel for the petitioner, let the
petitioner, above named, be released on bail upon furnishing
bail bonds of Rs.10,000/- (ten thousand) with two sureties of the
like amount each to the satisfaction of the learned Exclusive
Special Judge Excise-II, Kishanganj/concerned Court below in
connection with Madhya Nisedh P.S. Case No. 50 of 2026.
8. This is also subject to the condition that the
petitioner shall deposit an amount of Rs. 25,000/- in
Ramakrishna Math, Bhatta Bazar, Purnea, Bihar and produce
the receipt of the same before the Court below. The bail bonds
of the petitioner shall be accepted after verifying the
genuineness of the receipt produced by the petitioner.
9. As the petitioner claims to have clean antecedent,
the Court below, before accepting the bail bonds of the
petitioner is directed to verify the antecedent of the petitioner. If
the petitioner is found to be involved in any other case then the
bail bonds of the petitioner shall not be accepted.
10. As a condition of this order, the petitioner after
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being released on bail is directed to mark his attendance at
Madhepura Police Station on every Sunday of the month. Any
default in appearance at the police station will result in
cancellation of bail bonds of the petitioner.
11. It is, however, clarified that the observations made
herein are limited to the adjudication of the present bail
application and shall not prejudice the case of the petitioner at
any subsequent stage of the trial and this Court has not express
any opinion on the merits of the case.
(Sandeep Kumar, J)
P. Kumar
U T
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