Patna High Court
Sonu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
The Court granted bail to the petitioners, holding that the lack of ownership and violation of mandatory seizure provisions outweighed the State's objections.
Summary
The petitioners, Sonu Kumar and Dabloo Kumar Mandal, were arrested as driver and co‑driver of a Mahindra XUV in which 465.12 litres of foreign liquor was seized under sections 30(a) and 41(1) of the Bihar Prohibition and Excise Act. They contended that they had no knowledge of the illicit liquor, that the vehicle belonged to another person, and that the seizure violated mandatory procedural requirements because there was no independent witness to the seizure list. The State opposed bail on the ground of the petitioners' alleged criminal antecedents, although the petitioners claimed they were already on bail in other matters. The Court examined the facts, noted the lack of ownership and the procedural lapse in the seizure, and considered the antecedents insufficient to deny bail. Consequently, the Court ordered that both petitioners be released on bail upon furnishing a bail bond of Rs.10,000 with two sureties, one of whom must be a close relative, and subject to cooperation with the investigation.
Issues considered
- Whether the drivers of a vehicle in which prohibited liquor is seized can be granted bail despite alleged procedural violations in the seizure.
- Whether the petitioners' criminal antecedents justify denial of bail.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a), 41(1)
Subjects
- bail
- prohibition
- excise
- seizure
- foreign liquor
- driver
- criminal antecedents
- procedural violation
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36033 of 2026
Arising Out of PS. Case No.-117 Year-2026 Thana- BAHADURPUR District- Darbhanga
======================================================
1. Sonu Kumar S/o Sri Ram Chandra Ram Resident of village- Dilawarpur,
P.S.- Bahadurpur, Distt.- Darbhanga
2. Dabloo Kumar Mandal S/o Ram Sogarth Mandal @ Shri Ramsogarath
Mandal R/o vill - Dhoighat, P.S.- sadar, Distt.- Darbhanga
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Mili Kumari, Advocate
For the Opposite Party/s : Mr.Rajendra Prasad Nat, APP
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
2 08-06-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. A prayer for bail has been made on behalf of the
petitioners in connection with Bahadurpur P.S. case no. 117 of 2026
registered under sections 30(a), 41(1) of Bihar Prohibition and Excise
Act.
3. There is a recovery of 465.12 liters of foreign liquor
from a white Mahindra XUV bearing registration no.HR26BN0057.
4. Learned counsel for the petitioners submits that the
petitioners are the driver and co-driver of the said vehicle and the
vehicle in question belongs to Manish Kumar Yadav. Petitioners had
no knowledge that illicit liquor was being kept inside the said
vehicle. Moreover, there is no independent witness to the seizure list
indicating violation of mandatory provisions of search and seizure.
Patna High Court CR. MISC. No.36033 of 2026(2) dt.08-06-2026
2/2
The petitioners are in custody since 27.04.2026.
5. The application for bail is opposed by learned A.P.P. for
the state on the ground that petitioners have criminal antecedents. In
response, learned counsel for the petitioner submits that they are on
bail in all the cases.
6. Taking into consideration the aforesaid facts and
circumstances of the case and also considering the fact that
petitioners are not the owner of the said vehicle and there is a
violation of mandatory provisions of seizure, the petitioners are
directed to be enlarged on bail in connection with Bahadurpur P.S.
case no. 117 of 2026 on each of them furnishing bail bond of Rs.
10,000/- (Rupees Ten Thousand) with two sureties of the like amount
each to the satisfaction of the Learned Court concerned where the
case is pending/successor Court on the following conditions:-
(I) One of the bailors of the petitioners shall be the family
member/close relative of the petitioners.
(II) They shall co-operate in investigation/trial.
(Soni Shrivastava, J)
Harsh/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.