Patna High Court
Rakesh Kumar @ Fantus SonkarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
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
- Bihar Negotiable Instruments Act — s. 480(3)
- Bihar Prohibition & Excise Act — s. 30(a), 62
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
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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
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(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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