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Patna High Court

Sonu Kumar RaiversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court allowed the bail application, directing release on bond with sureties.

Summary

Sonu Kumar Rai was arrested for allegedly transporting 51 litres of foreign Nepali liquor on a motorcycle, charged under Sections 30(a) and 32 of the Bihar Prohibition and Excise Act. The petitioner contended that he was falsely implicated, that the procedural safeguards under Sections 103 and 105 of the B.N.S.S. were not observed, and that he did not have conscious possession of the liquor, also highlighting his clean criminal record and custody since 25‑04‑2026. The State opposed the bail application. After hearing both sides and reviewing the record, the Court held that bail could be granted, directing the petitioner to be released on a bail bond of Rs.10,000 with two sureties, subject to the satisfaction of the Exclusive Special Excise Court‑II, Araria. The application for regular bail was therefore allowed.

Issues considered

  • Whether bail should be granted in a case involving alleged possession of illicit liquor under the Bihar Prohibition and Excise Act.
  • Whether the procedural requirements of Sections 103 and 105 of the B.N.S.S. were complied with.
  • Whether the petitioner was in conscious possession of the seized liquor.

Legislation cited

Subjects

  • bail
  • Bihar Prohibition and Excise Act
  • illegal liquor
  • procedural lapse
  • conscious possession
  • criminal antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.39210 of 2026
                        Arising Out of PS. Case No.-85 Year-2026 Thana- FULKAHA District- Araria
                 ======================================================
                 Sonu Kumar Rai S/O Udaychand Rai @ Uday Ray Resident of village-
                 Nathpur, Ward No. 08, PS- Narpatganj, Distt-Araria

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Rohit Kumar, Advocate
                 For the Opposite Party/s :        Mr. Pronoti Singh, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
                                       ORAL ORDER

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

                   APP for the State.

                                2. The petitioner has preferred this application for

                   grant of regular bail in connection with Fulkaha P.S. Case No.

                   85 of 2026 dated 24.04.2026, registered for the offences

                   punishable under Sections 30(a) and 32 of the Bihar Prohibition

                   and Excise Act.

                                3. As per the prosecution case, total quantity of 51

                   liters of foreign Nepali liquor was recovered from a motorcycle,

                   which the petitioner was found driving, and also from other

                   vehicles, there are also other recoveries made from other co-

                   accused persons.

                                4. Learned counsel for the petitioner has submitted

                   that the petitioner has falsely been implicated in this case. It has
          Patna High Court CR. MISC. No.39210 of 2026(2) dt.17-06-2026
                                                      2/2




                    further been submitted that the procedure prescribed under

                    Sections 103/105 of B.N.S.S. has not been followed. It has

                    further been submitted that there is no recovery from the

                    conscious possession of the petitioner. It has also submitted that

                    petitioner has got no criminal antecedent. It has lastly been

                    submitted that the petitioner is in custody since 25.04.2026.

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

                    opposed the prayer for bail of the petitioner.

                                 6. Heard the parties and perused the records.

                                 7. Considering the facts and circumstances of the case

                    as well as the period of custody, the petitioner above-named is

                    directed to be enlarged on bail on furnishing bail-bond of

                    Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like

                    amount each to the satisfaction of learned Exclusive Special

                    Excise Court-II, Araria, in connection with Fulkaha P.S. Case

                    No. 85 of 2026.

                                 8. The application stands allowed.



                                               (Praveen Kumar, J)
Pawan/-

U     T


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