Patna High Court
Sonu Kumar @ Sonu Kumar ChaudharyversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
The court held that bail should be granted to the petitioner subject to the stipulated conditions.
Summary
The petitioner, Sonu Kumar, was arrested for alleged offences under Section 30(a) of the Bihar Prohibition and Excise Act after police recovered 24 litres of illicit liquor from his premises. He claimed innocence, arguing that nothing incriminating was found on his person and that his brother, a co‑accused, had already been granted bail. The State opposed the bail application. The court considered the similarity of the co‑accused’s bail, the length of the petitioner’s custody since 12‑04‑2026, and the statutory provisions governing bail. It ordered the petitioner’s release on bail with a bond of Rs. 10,000 and two sureties, subject to conditions under Section 480(3) of the BNSS and additional personal surety requirements. The bail was granted subject to compliance with attendance and conduct conditions.
Issues considered
- Whether bail should be granted to the petitioner under Section 30(a) of the Bihar Prohibition and Excise Act.
- Whether the grant of bail to a similarly situated co‑accused and the period of custody justify bail in the present case.
- Whether the conditions prescribed under Section 480(3) of the BNSS are applicable to the bail order.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
- BNSS — s. 480(3)
Subjects
- bail
- Bihar Prohibition and Excise Act
- illicit liquor
- Section 30(a)
- Section 480(3)
- criminal procedure
- custody
- surety
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30370 of 2026
Arising Out of PS. Case No.-214 Year-2026 Thana- RIVILGANJ District- Saran
======================================================
Sonu Kumar @ Sonu Kumar Chaudhary Son of Baiju Chuadhari @ Baiju
Chaudhary Resident of village- Sengar (Saingar) tola (Ajamerzganj), Ps-
Rivilganj, Dist- Saran at Chapra.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dewendra Narayan Singh, Advocate
For the Opposite Party/s : Mr. Ram Bilash Roy Raman, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
2 11-05-2026 Heard learned counsel for the petitioner and learned
APP for the State.
02. In the present case, the petitioner seeks bail in
connection with Rivilganj P.S. Case No. 214 of 2026 registered
for the alleged offences under Sections 30(a) of Bihar
Prohibition and Excise Act.
03. As per prosecution case, police received secret
information about petitioner and his co-accused brother selling
illicit liquor from their house. A raid was conducted and the
petitioner and his co-accused brother were apprehended. From
search of the place, recovery of 24 liters of country made liquor
was made outside the premises of the petitioner.
04. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.30370 of 2026(2) dt.11-05-2026
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petitioner is innocent and has been falsely implicated in this
case and nothing incriminating has been recovered from his
person or possession. The petitioner was caught merely on
suspicion. Learned counsel further submits that the co-accused
brother of the petitioner has been granted bail by a learned Co-
ordinate Bench vide order dated 06.05.2026 passed in Criminal
Misc. No. 30052 of 2026. The petitioner is having antecedent of
one case of similar nature but he has been granted bail in the
said case. The petitioner is in custody since 12.04.2026.
05. Learned APP for the State opposes the submission
made on behalf of the petitioner.
06. Having regard to the facts and circumstances and
submissions made on behalf of the parties and considering the
grant of bail to similarly placed co-accused and also considering
the period of custody of the petitioner, the petitioner above
named is directed to be released on bail on furnishing bail bonds
of Rs. 10,000/- (ten thousand) with two sureties of the like
amount each to the satisfaction of learned 2nd Exclusive Special
Excise Judge, Saran at Chapra in connection with Rivilganj P.S.
Case No. 214 of 2026 subject to the conditions mentioned in
Section 480(3) of BNSS and the following conditions:
(i) One of the bailors will be a close relative of
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the petitioner.
(ii) The petitioner will remain present on each and
every date fixed by the court below.
(iii) In case of absence on three consecutive dates
or in violation of the terms of the bail, the bail
bond of the petitioner will be liable to be
cancelled by the court concerned.
(Arun Kumar Jha, J)
Ashish/-
U
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