Patna High Court
Basant Sonkar @ Lallu Sonkar @ LalluversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court grants bail to the petitioner subject to specified conditions.
Summary
The petitioner, Basant Sonkar, was arrested in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act after 72.375 litres of liquor were recovered from his joint family house. He claimed innocence, arguing that no liquor was found in his personal possession and that the recovery was from a shared residence, and highlighted the lack of compliance with Section 103 of the BNSS, 2023. The State opposed bail, citing the petitioner’s two prior criminal antecedents and the seriousness of the offence. The Court, considering the facts, the period of custody since 9 December 2025, and the absence of incriminating material directly linking the petitioner, decided to grant bail. Bail was ordered on a bond of Rs 15,000 with two sureties, one of whom must be a close family member, and the petitioner must appear at every trial date, with bail liable to cancellation on two consecutive defaults.
Issues considered
- Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act considering the recovery of liquor from a joint family house.
- Whether the non‑compliance with Section 103 of the BNSS, 2023 affects the grant of bail.
- Whether the petitioner’s prior criminal antecedents justify denial of bail.
Legislation cited
- BNSS, 2023 — s. 103
Subjects
- bail
- excise
- liquor seizure
- Bihar Prohibition and Excise Act
- Section 30(a)
- BNSS 2023
- criminal antecedents
- surety
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3438 of 2026
Arising Out of PS. Case No.-522 Year-2025 Thana- Excise P.S. District- Rohtas
======================================================
Basant Sonkar @ Lallu Sonkar @ Lallu S/o Late Ramchandra Sonkar @ Late
Ramchandra Ram Resident of Village- Bauliya, Near Nishant Cinema,
Chunna Bhattha, PS- Sasaram T, District- Rohtas
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Siddharth Harsh, Advocate
For the Opposite Party/s : Mr. Bharat Lal, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 19-01-2026 Heard learned counsel for the petitioner and learned APP
for the State.
2. The petitioner seeks bail in connection with
Sasaram Excise PS Case No. 522 of 2025 instituted for the
offences under Section/s 30(a) of the Bihar Prohibition and
Excise Act.
3. The prosecution case, in short, is that 72.375 liters
liquor was recovered from the house of the petitioner.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
present case. No incriminating material has been recovered from
the conscious possession of the petitioner. The petitioner has got
no concern with the alleged recovery of liquor. It is submitted
Patna High Court CR. MISC. No.3438 of 2026(2) dt.19-01-2026
2/2
that recovery is made from the joint house of the petitioner,
where other family members also reside. The petitioner is in
custody since 09.12.2025 and has got two 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 petitioner.
6. Considering the aforesaid facts and circumstances
of the case and the period of custody undergone by the
petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail on furnishing
bail bonds of Rs.15,000/- (Fifteen thousand) with two sureties
of the like amount each to the satisfaction of Court
below/concerned Court in connection with Sasaram Excise PS
Case No. 522 of 2025, subject to the following conditions:
(I) One of the bailors shall be own/close member of the
family of the petitioner.
(II) The petitioner 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
bail bonds of the petitioner.
(Rudra Prakash Mishra, J)
Raj Kishore/-
U T
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