Patna High Court
Sonu KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted regular bail to the petitioner, finding insufficient grounds for continued detention.
Summary
The petitioner, Sonu Kumar, applied for regular bail in a case under Section 30(a) of the Bihar Prohibition and Excise Act, alleging that 297 litres of illicit foreign liquor were seized from a vehicle he was driving. He contended that he was unaware of the contraband, had no possession of it, and was falsely implicated, emphasizing his lack of criminal antecedents and that the seizure was not conducted in compliance with Section 105 of the B.N.S.S. The State opposed the bail. After hearing both sides, the court found merit in the petitioner's claim of innocence and procedural lapses, and ordered his release on bail upon furnishing a bond of Rs.10,000 with two sureties. The bail was to be satisfied to the Exclusive Special Excise Judge‑I, Bhagalpur.
Issues considered
- Whether the petitioner is entitled to regular bail under Section 30(a) of the Bihar Prohibition and Excise Act
- Whether the seizure of the liquor complied with Section 105 of the B.N.S.S.
- Whether the petitioner, as a driver, can be held liable for the contraband
Legislation cited
- B.N.S.S. — s. 105
Subjects
- regular bail
- excise law
- illegal liquor
- Section 30(a)
- seizure procedure
- driver liability
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28206 of 2026
Arising Out of PS. Case No.-403 Year-2026 Thana- Excise P.S. District- Bhagalpur
======================================================
Sonu Kumar, S/o- Shambhu Thakur, Resident of Acharya Tola Pakra, Ward
No. 03, P.S.- Naugachia, District- Bhagalpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Brajesh Kumar Singh, Advocate
For the Opposite Party/s : Mr.Pronoti Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 04-05-2026 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 30(a) of the
Bihar Prohibition and Excise Act.
3. The case of the prosecution, in short is that from a
vehicle, altogether 297 liters of illicit foreign liquor was
recovered.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. He has
been falsely implicated in this case. He is merely a driver of the
said vehicle. He was unaware of the consignment. Nothing has
been recovered from his possession. It has further been submitted
that the witnesses of the seizure list are police personnel. Police
Patna High Court CR. MISC. No.28206 of 2026(2) dt.04-05-2026
2/2
has not complied Section 105 of the B.N.S.S. while making the
seizure. Petitioner is having no criminal antecedent and he is
languishing in judicial custody since 12.03.2026.
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
Excise (Sadar) P.S. Case No. 403 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
Excise Judge-I, Bhagalpur.
(Ashok Kumar Pandey, J)
lata/-
U T
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