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Patna High Court

Sonu KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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
                                                           3/3




                         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//-

U          T


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