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Patna High Court

Sonu Kumar @ Sonu Kumar ChaudharyversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
           Patna High Court CR. MISC. No.30370 of 2026(2) dt.11-05-2026
                                                       3/3




                                  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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