Patna High Court
Sonu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The Court granted bail to the petitioners subject to bond and conditions.
Summary
Petitioners Sonu Kumar and Pritam Kumar were arrested on 8 April 2026 in connection with an excise case involving the seizure of 927 litres of illicit liquor from a vehicle, not from their conscious possession. They pleaded clean antecedents and alleged false implication, contending that the seizure list witnesses, being Bihar Home Guard personnel, rendered the seizure non‑compliant with Sections 103 and 105 of the BNSS, 2023. The State opposed bail. The High Court, after considering the lack of direct possession, the petitioners' clean record, and the alleged procedural lapses, granted bail on a bond of Rs.10,000 each with two sureties, subject to conditions of cooperation, appearance, non‑tampering with evidence, and verification of antecedents. The order directed that acceptance of bail not be delayed for verification purposes.
Issues considered
- Whether bail should be granted when the seized illicit liquor was not in the conscious possession of the accused
- Whether non‑compliance with Sections 103 and 105 of the BNSS, 2023, by the seizure list witnesses warrants bail
- Whether the petitioners' clean antecedents justify bail despite the seriousness of the excise offences
Legislation cited
- Bihar Prohibition & Excise Act, 2016 — s. 30(a), 47
- BNSS, 2023 — s. 103, 105
Subjects
- bail
- excise law
- illicit liquor
- procedural compliance
- conscious possession
- clean antecedents
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31273 of 2026
Arising Out of PS. Case No.-283 Year-2026 Thana- Excise P.S. District- Siwan
======================================================
1. Sonu Kumar Son of Shambhu Yadav Resident of vill-Banjariya PS- Siwan
Muffasil Dist- Siwan
2. Pritam Kumar son of Uttam Bin Resident of village- chitmath, Ps- Mairaw,
Dist- Siwan
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Rushali, Advocate
For the State : Mr. Md. Anzarul Haque Sahara, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 08-05-2026 Heard Ms. Rushali, learned counsel for the
petitioners and Mr. Md. Anzarul Haque Sahara, learned APP for
the State.
2. Petitioners seek bail, who are in custody since
08.04.2026, in connection with Siwan Excise P.S. Case No. 283
of 2026, F.I.R. dated 08.04.2026 registered for the offences
punishable under Sections 30(a), 47 of the Bihar Prohibition &
Excise Act, 2016.
3. Recovery is of 927.00 litres of illicit liquor.
4. Learned counsel for the petitioners submits that the
petitioners have clean antecedents and they have been falsely
implicated in the present case. She further submits that it
Patna High Court CR. MISC. No.31273 of 2026(2) dt.08-05-2026
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appears from the F.I.R. as well as seizure list that nothing has
been recovered from the conscious possession of the petitioners
rather recovery has been made from the Tats Safari vehicle in
question and altogether 927.00 litres of illicit liquor was
recovered from the vehicle in question. He further submits that
the seizure list witnesses are Bihar Home Guard personnal so
there is non-compliance of Sections 103 and 105 of BNSS, 2023
and the petitioners are in custody since 08.04.2026.
5. The learned Additional Public Prosecutor for the
State has vehemently opposed the prayer for bail of the
petitioners.
6. Considering the facts and circumstances of the case
and the fact that the petitioners having clean antecedents and
nothing has been recovered from the conscious possession of
the petitioners and there is non-compliance of Sections 103 and
105 of the BNSS, 2023, let the petitioners, above named, be
released on bail on furnishing bail bond of Rs. 10,000/- (Rupees
Ten Thousand) each with two sureties of the like amount each to
the satisfaction of learned Exclusive Special Excise Court No.
02, Siwan in connection with Siwan Excise P.S. Case No. 283 of
2026, subject to the following conditions :-
(1) Petitioners shall co-operate in the trial and shall
Patna High Court CR. MISC. No.31273 of 2026(2) dt.08-05-2026
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be properly represented on each and every date fixed by the
Court and shall remain physically present as directed by the
Court and on their absence on two consecutive dates without
sufficient reason, their bail bonds shall be cancelled by the
Court below.
(2) If the petitioners tamper with the evidence or the
witness, in that case, the prosecution will be at liberty to move
for cancellation of bail.
(3) And, further condition that the court below shall
verify the criminal antecedent of the petitioners and in case at
any stage, it is found that the petitioners have concealed their
criminal antecedents, the court below shall take step for
cancellation of bail bond of the petitioners. 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)
Ibrar//-
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