Patna High Court
Sonu Kumar @ Sona Sahni @ Sonu SahniversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail was granted to the petitioner subject to a cash bond, sureties and specific conditions.
Summary
The petitioner, Sonu Kumar, was arrested on 28 January 2026 in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act, 2016 for alleged possession of 4 litres of country‑made liquor seized from his house. The petitioner’s counsel argued that the liquor was not found in his conscious possession and that the seizure list, prepared solely by police personnel, violated Sections 103 and 105 of the Bihar Non‑Statutory Search and Seizure (BNSS) Act, 2023. The prosecution opposed bail, contending that the recovery was made from the petitioner’s premises, that he was apprehended at the scene, and that he has a prior criminal antecedent, though he is already on bail in another matter. The court examined the material and, notwithstanding the alleged procedural lapses and the antecedent, granted bail on a bond of Rs.10,000 with two sureties, subject to conditions of cooperation, appearance, non‑tampering with evidence, and verification of his criminal record. The order directed that the bail bond not be delayed for verification purposes and stipulated cancellation upon breach of the conditions.
Issues considered
- Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act, 2016 considering the alleged procedural irregularities in seizure under the BNSS Act, 2023.
- Whether the petitioner’s prior criminal antecedent warrants denial of bail.
Legislation cited
- Bihar Prohibition and Excise Act, 2016 — s. 30(a)
Subjects
- bail
- prohibition and excise
- seizure procedure
- criminal antecedent
- Bihar law
- Section 30
- BNSS Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26205 of 2026
Arising Out of PS. Case No.-22 Year-2026 Thana- MAKER District- Saran
======================================================
Sonu Kumar @ Sona Sahni @ Sonu Sahni S/o Hawaldar Sahni Resident of
Village - Naya Tola, Bagha Kaul, Police Station - Maker, District - Saran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Mili Kumari, Advocate
For the Opposite Party/s : Mr. Khurshid Anwar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 20-04-2026 Heard Ms. Mili Kumari, learned counsel for the
petitioner and Mr. Khurshid Anwar, learned Additional Public
Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
28.01.2026 in connection with Maker P.S. Case No. 22 of 2026,
F.I.R. dated 27.01.2026 for the offences punishable under
Section 30(a) of the Bihar Prohibition and Excise Act, 2016.
3. Recovery is of 04 liters of country made liquor.
4. Learned counsel for the petitioner submits that
petitioner is innocent and he has falsely been implicated in the
present case. She further submits that it appears from the F.I.R.
as well as seizure list that nothing has been recovered from the
conscious possession of the petitioner rather the recovery of 04
liters of country made liquor has been made from the house of
Patna High Court CR. MISC. No.26205 of 2026(2) dt.20-04-2026
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the petitioner. She further submits that from perusal of the
seizure list it appears that the seizure list witnesses are the
police personnel so there is non-compliance of Section 103/105
of the BNSS, 2023. The petitioner is in custody since
28.01.2026.
5 The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner and
submits that the recovery has been made from the house of the
petitioner and petitioner was apprehended from the place of
occurrence. Apart from the aforesaid, the petitioner carries one
criminal antecedent other than the present one but fairly submits
that he is on bail in the pending matter.
6. Considering the aforesaid facts and circumstances,
let the petitioner, above named, be released on bail on furnishing
bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of
the like amount each to the satisfaction of the learned Exclusive
Special Excise Judge-03, Saran, Chapra in connection with
Maker P.S. Case No. 22 of 2026 subject to the following
conditions:-
i. Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
Patna High Court CR. MISC. No.26205 of 2026(2) dt.20-04-2026
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on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Vanisha/-
U T
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