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Patna High Court

Rakesh Kumar @ Fantus SonkarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that, in view of the lack of on‑person recovery, the arrest away from the premises and the extended period of custody, bail must be granted subject to the conditions prescribed under Section 480(3) of the BNSS.

Summary

Rakesh Kumar Sonkar was arrested in connection with an alleged offence under Sections 30(a) and 62 of the Bihar Prohibition & Excise Act for the sale of illicit liquor, after police recovered 53 litres of country-made liquor from his house. The petitioner contended that he was falsely implicated, that the liquor was planted, and that no contraband was found on his person as he was apprehended away from the premises. The State opposed bail, but the court noted that the petitioner was not arrested at the spot, no recovery was shown from his possession, and he had been in custody since 17‑04‑2026. Considering these facts and the length of custody, the court directed his release on bail with a bond of Rs.10,000 and two sureties, subject to conditions under Section 480(3) of the BNSS and additional personal surety requirements. The bail order also stipulated attendance at all court dates and cancellation of bail upon three consecutive absences or violation of conditions.

Issues considered

  • Whether bail should be granted to the accused under Sections 30(a) and 62 of the Bihar Prohibition & Excise Act given the circumstances of arrest and recovery.
  • Whether the absence of contraband on the accused’s person and the fact that the recovery was from his house affect the bail decision.
  • Whether the period of custody justifies the grant of bail.

Legislation cited

Subjects

  • Bail
  • Illicit liquor
  • Bihar Prohibition & Excise Act
  • Section 30(a)
  • Section 62
  • Criminal Procedure
  • Excise
  • Section 480(3) BNSS

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.37747 of 2026
                       Arising Out of PS. Case No.-203 Year-2026 Thana- Excise P.S. District- Rohtas
                 ======================================================
                 Rakesh Kumar @ Fantus Sonkar, S/o Late Lotan Prasad, Resident of Village-
                 Sarkari Bagicha, Ward No. 31, P.S- Sasaram Nagar, District- Rohtas

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr.Shashikant, Advocate
                 For the Opposite Party/s :         Mrs.Sharda Kumari, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
                                       ORAL ORDER

2   17-06-2026                     Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. In the present case, the petitioner seeks bail in

                   connection with Sasaram Excise P.S. Case No. 203 of 2026,

                   registered for the alleged offence under Sections 30(a) and 62 of

                   the Bihar Prohibition & Excise Act.

                                3. As         per    prosecution        case,     police      received

                   information about sale of illicit liquor by the petitioner from his

                   house and a raid was conducted. From the search of the house,

                   recovery of 53 liters of country made liquor was made.

                   Subsequently, the petitioner was apprehended from nearby

                   place.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has been falsely implicated in this
Patna High Court CR. MISC. No.37747 of 2026(2) dt.17-06-2026
                                            2/3




          case. The petitioner was not apprehended from the spot and

          nothing      incriminating        has     been       recovered   from   the

          person/possession of the petitioner. The recovery shown from

          the house of the petitioner is planted. The petitioner is in

          custody since 17.04.2026. The petitioner is having antecedents

          of two cases and in both the cases, he is on bail.

                       5. Learned APP for the State opposes the submission

          made on behalf of the petitioner.

                       6. Having regard to the facts and circumstances and

          submissions made on behalf of the parties and considering the

          fact that the petitioner was not arrested from the spot and no

          recovery has been shown from his person/possession and further

          considering the period of custody of the petitioner, the petitioner

          above named is directed to be released on bail on furnishing bail

          bonds of Rs. 10,000/- (ten thousand) with two sureties of the

          like amount each to the satisfaction of learned Exclusive Special

          Judge, Excise Court No.1, Rohtas at Sasaram/court concerned in

          connection with Sasaram Excise P.S. Case No. 203 of 2026,

          subject to the conditions mentioned in Section 480(3) of BNSS

          and the following conditions:

                       (i) One of the bailors will be a close relative of

                       the petitioner.
           Patna High Court CR. MISC. No.37747 of 2026(2) dt.17-06-2026
                                                       3/3




                                  (ii) The petitioner will remain present on each

                                  and every date fixed by the court below.

                                  (iii) In case of absence on three consecutive

                                  dates or in violation of the terms of the bail, the

                                  bail bond of the petitioner will be liable to be

                                  cancelled by the court concerned.



                                               (Arun Kumar Jha, J)
V.K.Pandey/-

U      T


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