Patna High Court

Sonu Kumar Singh @ Yash BhardawajversusThe State Of Bihar

Decided: 19 January 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The court granted bail to the petitioners, subject to specified conditions.

Summary

The petitioners, Sonu Kumar Singh and Manu Singh, were arrested in connection with the recovery of 889.92 liters of foreign liquor from a truck under Section 30(a) of the Bihar Prohibition and Excise Act. They contended that they were neither the driver nor the owner of the vehicle and that no incriminating material was found in their possession, asserting false implication. The State opposed bail, while the petitioners highlighted the lack of compliance with Section 103 of the BNSS, 2023 and their custody since 14‑12‑2025. Considering the facts, the court found no substantial risk of flight or tampering and decided to grant bail. The petitioners were released on bail of Rs.15,000 each with two sureties, subject to conditions of family surety, regular court appearances, and possible cancellation on default.

Issues considered

Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act in view of the circumstances of arrest and custody.
Whether the non‑compliance of Section 103 of the BNSS, 2023, affects the grant of bail.

Legislation cited

BNSS, 2023 — s. 103

Subjects

bail
Bihar Prohibition and Excise Act
Section 30(a)
Section 103 BNSS
foreign liquor seizure
criminal procedure
custody

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                CRIMINAL MISCELLANEOUS No.3207 of 2026
                         Arising Out of PS. Case No.-323 Year-2025 Thana- BHELDI District- Saran
                 ======================================================
           1.     Sonu Kumar Singh @ Yash Bhardawaj S/O Surath Kumar Singh @ Ram
                  Surath Singh R/O Vill.- Bara Telpa, P.S.- Town, Chapra, Dist.- Saran
           2.    Manu Singh @ Monu Singh @ Gopal Krishna Bimlendu @ Gopal Krishn
                 Vidlendu S/O Surath Kumar Singh @ Ram Surath Singh R/O Vill.- Bara
                 Telpa, P.S.- Town, Chapra, Dist.- Saran

                                                                                    ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Alok Kumar Alok, Advocate
                 For the Opposite Party/s :        Mr. Pradeep Narain Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   19-01-2026             Heard learned counsel for the petitioners and learned APP

                   for the State.

                           2.       The petitioners seek bail in connection with Bheldi

                   PS Case No. 323 of 2025 instituted for the offences under

                   Section 30(a) of the Bihar Prohibition and Excise Act.

                           3.       The prosecution case, in short, is that 889.920 liters

                   foreign liquor was recovered from truck.

                           4.       Learned counsel for the petitioners submits that the

                   petitioners are innocent and have falsely been implicated in the

                   present case. No incriminating material has been recovered from

                   the conscious possession of the petitioners. The petitioners have

                   got no concern with the alleged recovery of liquor. It is
Patna High Court CR. MISC. No.3207 of 2026(2) dt.19-01-2026
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          submitted that petitioners are neither the driver nor the owner of

          the vehicle in question and their names were disclosed by the

          apprehended co-accused person. The petitioners are in custody

          since 14.12.2025 and petitioner No.1 bears no criminal

          antecedent/s, whereas petitioner No. 2. bears one criminal

          antecedent/s. There is no compliance of Section 103 of the

          BNSS, 2023.

                  5.      Learned A.P.P. for the State has vehemently

          opposed the prayer for grant of bail to the petitioners.

                  6.      Considering the aforesaid facts and circumstances

          of the case and the period of custody undergone by the

          petitioners, this Court is inclined to grant bail to the petitioners.

                   7.     Let the petitioners be released on bail on furnishing

          bail bonds of Rs.15,000/- (Fifteen thousand) each with two

          sureties of the like amount each to the satisfaction of Court

          below/concerned Court in connection with Bheldi PS Case No.

          323 of 2025, subject to the following conditions:

                  (I) One of the bailors shall be own/close member of the

          family of the petitioners.

                  (II) The petitioners shall appear on each and every date

          fixed at the trial. In case of default in such appearance on two

          consecutive dates, the Trial Court will have liberty to cancel the
           Patna High Court CR. MISC. No.3207 of 2026(2) dt.19-01-2026
                                                       3/3




                     bail bonds of the petitioners.


                                                                  (Rudra Prakash Mishra, J)

Raj Kishore/-
U      T

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