Patna High Court
Amar Kumar SoniversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- PRAVEEN KUMAR
Holding
The Court granted regular bail to the petitioners.
Summary
Amar Kumar Soni and Fayaz Khan were arrested as drivers of an auto‑rickshaw from which 250 litres of illicit country‑made liquor was recovered, and were charged under Section 30(a) of the Bihar Prohibition and Excise Act. The petitioners contended that they had no knowledge of the liquor, were falsely implicated, and that the procedure under Section 105 of the B.N.S.S. was not complied with. They also highlighted their clean criminal record and that they had been in custody since 1 March 2026. The State opposed the bail application. After hearing both sides, the Court considered the facts, the alleged lack of knowledge, and the procedural lapse, and ordered that the petitioners be released on regular bail upon furnishing a bail bond of Rs 10,000 each with two sureties. The application for bail was therefore allowed.
Issues considered
- Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act considering alleged lack of knowledge of the contraband
- Whether the alleged non‑compliance with the procedure prescribed under Section 105 of the B.N.S.S. warrants bail
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
- B.N.S.S. — s. 105
Subjects
- bail
- prohibition law
- illicit liquor
- Section 30(a)
- procedural lapse
- drivers
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23447 of 2026
Arising Out of PS. Case No.-203 Year-2026 Thana- CHAPRA TOWN District- Saran
======================================================
1. Amar Kumar Soni Son of Late Durga Prasad Resident of Village- Gudri
Bazar, P.S.- Bhagwan Bazar, District- Saran
2. Fayaz Khan @ Faiyaz Khan Son of Mustkim Khan Resident of Village-
Gudri Bazar, P.S.- Bhagwan Bazar, District- Saran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Alok Kumar Alok, Advocate
For the Opposite Party/s : Mr. Indu Kumari Srivastava, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
3 12-05-2026 Heard learned counsel for the petitioners and learned
A.P.P for the State.
2. The petitioners have preferred this application for
grant of regular bail in connection with Chapra Town P.S. case
No. 203 of 2026 registered for the offences punishable under
Sections 30(a) of the Bihar Prohibition and Excise Act.
3. As per the prosecution case, the informant
apprehended the petitioners with altogether 250 litres of illicit
country made liquor.
4. Learned counsel for the petitioners has submitted
that the petitioners are innocent and have been falsely
implicated in the present case. It has further been submitted that
Patna High Court CR. MISC. No.23447 of 2026(3) dt.12-05-2026
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both the petitioners were merely drivers of the auto-rickshaw
from which the alleged recovery was made, and they had no
knowledge that liquor was being kept in the said vehicle. It has
also been submitted that the procedure prescribed under Section
105 of the B.N.S.S. has not been followed. Lastly, it has been
submitted that the petitioners have got clean criminal antecedent
and they are in custody since 01.03.2026.
5. Learned APP for the State has vehemently opposed
the prayer for bail of the petitioners.
6. Heard the parties and perused the record.
7. Considering the above facts and circumstances of
the case, let the petitioners above-named, be enlarged on bail on
furnishing bail-bonds of Rs. 10,000/- (Rupees Ten Thousand)
each with two sureties of the like amount each to the satisfaction
of learned Court concerned, Saran, in connection with Chapra
Town P.S. case No. 203 of 2026.
8. The application stands allowed.
(Praveen Kumar, J)
Jyoti/-
U T
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