Patna High Court
Karan SonkarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PURNENDU SINGH
Holding
The Court granted pre‑arrest bail to the petitioner subject to bond and surety conditions.
Summary
Karan Sonkar applied for pre‑arrest bail in a case where 7.920 litres of illicit liquor were seized from a public road near Shankar College, alleged under Section 30(a) of the Bihar Prohibition and Excise Act. The petitioner claimed he was falsely implicated and had no involvement in the liquor trade. The State opposed the bail, arguing the seriousness of the offence. The Court noted that the liquor was recovered from an open, publicly accessible area and that the State had not effectively implemented its liquor policy, and therefore granted pre‑arrest bail. The bail was conditioned on a Rs.10,000 bond with two sureties, verification of the petitioner’s criminal antecedents, and compliance with Section 482(2) of the BNSS, and the order would lapse if any other pending case is found.
Issues considered
- Whether pre‑arrest bail should be granted to the petitioner under Section 30(a) of the Bihar Prohibition and Excise Act.
- Whether the circumstances of the seizure and the State’s policy implementation justify bail.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
- BNSS — s. 482(2)
Subjects
- pre‑arrest bail
- illicit liquor
- Bihar Prohibition and Excise Act
- Section 30(a)
- Section 482(2)
- criminal procedure
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30280 of 2026
Arising Out of PS. Case No.-39 Year-2026 Thana- SASARAM NAGAR District- Rohtas
======================================================
Karan Sonkar, S/O Teju Sonkar, Resident of Village- Takiya Bazar Samiti,
P.S.- Sasaram (Nagar), Dist.- Rohtas
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Babu Nandan Prasad, Advocate
For the Opposite Party/s : Mr. Rajesh Kumar, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
2 13-05-2026 Heard Mr. Babu Nandan Prasad, learned
counsel appearing on behalf of the petitioner and Mr. Rajesh
Kumar, learned APP for the State.
2. The petitioner seeks pre-arrest bail in connection
with Sasaram (Town) P.S. Case No. 39 of 2026 registered for
the offence punishable under Section 30 (a) of the Bihar
Prohibition and Excise Act as amended up-to-date.
3. Allegation is of recovery of 7.920 litres of illicit
liquor from road adjacent to the boundary wall of Shankar
College.
4. Learned counsel appearing on behalf of the
petitioner submits that the petitioner has been falsely implicated
in the present case. Petitioner has no concern with the alleged
seized liquor nor he is involved in trade or consumption of illicit
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liquor in any manner. The recovery was made from road
adjacent to the boundary wall of Shankar College, which is an
open place and easily accessible to anyone. On these grounds,
petitioner seeks to be released on pre-arrest bail.
5. Learned APP for the State has vehemently opposed
the prayer for grant of pre-arrest bail to the petitioner.
6. Considering the rival submissions made on behalf
of the parties, as well as, the fact that the recovery of 7.920 litres
of illicit liquor was made from road adjacent to the boundary
wall of Shankar College, which is an open place and easily
accessible to any one and also the fact that the State has failed to
implement its liquor policy in its true spirit, the petitioner, above
named, is directed to be released on pre-arrest bail, in the event
of his/her arrest or surrender before the learned District Court
within a period of four weeks from today, on furnishing bail
bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties
of the like amount each to the satisfaction of the learned District
Court where the case is pending, in connection with Sasaram
(Town) P.S. Case No. 39 of 2026, subject to the condition as laid
down under Section 482(2) of the BNSS.
7. The learned District Court is directed to verify
the criminal antecedent of the petitioner as stated in
paragraph no. 3 of the bail application. If any other case is
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pending against the petitioner as what has been stated in
paragraph no. 3, this order will lose its force automatically.
8. The present bail application is disposed of.
(Purnendu Singh, J)
Niraj/-
U T
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