Patna High Court
Sonu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- JITENDRA KUMAR
Holding
In the absence of any material evidence beyond a co‑accused’s confession and with no criminal antecedents, the court held that bail must be granted under Section 482(2) of the B.N.S.S 2023.
Summary
Sonu Kumar was implicated in a case under Section 30(a) of the Bihar Prohibition and Excise Act for allegedly transporting 8.820 litres of illicit liquor on a motorcycle. The police recovered the liquor after a chase, arresting one rider while the other fled; the petitioner claims he was not present and was only linked to the offence through a co‑accused’s confession, which he argues has no evidentiary value. He further asserts that there is no other material evidence against him and that he has no prior criminal record. The State opposed bail, but the court examined the lack of prima facie case and the petitioner’s clean antecedents. Relying on Section 482(2) of the B.N.S.S 2023, the court granted bail, directing the petitioner to surrender within eight weeks with a bond of Rs 10,000 and two sureties, subject to conditions regarding undisclosed antecedents or false statements. The order also empowers the lower court to cancel bail if such conditions are later discovered.
Issues considered
- Whether bail can be granted to the petitioner under Section 30(a) of the Bihar Prohibition and Excise Act in the absence of material evidence.
- Whether a co‑accused’s confession alone suffices to deny bail.
- Whether the petitioner’s lack of prior criminal antecedents influences the bail decision.
- Whether Section 482(2) of the B.N.S.S 2023 authorises the grant of bail in such circumstances.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
- B.N.S.S., 2023 — s. 482(2)
Subjects
- bail
- illicit liquor
- prohibition and excise
- co‑accused confession
- prima facie case
- criminal antecedents
- Section 482
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39234 of 2026
Arising Out of PS. Case No.-325 Year-2026 Thana- DIGHA District- Patna
======================================================
Sonu Kumar, S/O Hiralal Rai, R/O Kurji Gate No. 83, P.S.- Digha, Distt.-
Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rajesh Ranjan, Advocate.
For the State : Ms.Meena Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR
ORAL ORDER
2 17-06-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail, apprehending his arrest,
in connection with Digha P.S. Case No. 325 of 2026 dated
11.04.2026 registered for the offence punishable under Section
30(a) of the Bihar Prohibition and Excise Act.
3. As per allegation, two motorcyclists were carrying
8.820 litres of illicit liquor in a bag and when the Police chased,
one bag was thrown by the Motorcyclists. Out of them, one was
successful in fleeing away whereas another was arrested on the
spot and the illicit liquor was recovered from the bag thrown by
the Motorcyclists.
4. Learned counsel for the petitioner submits that the
Petitioner is innocent and has falsely been implicated in this
Patna High Court CR. MISC. No.39234 of 2026(2) dt.17-06-2026
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case. He further submits that petitioner has nothing to do with
the alleged offence. He was not present on the place of the
alleged occurrence. He has been implicated in this case only on
account of so called confessional statement of co-accused before
the Police which has no evidentiary value. He also submits that
except the so-called confession of the co-accused there is no
material against the petitioner and, hence, there is no prima
facie case under the Excise Act made out against the petitioner.
5. It is also stated in paragraph no. 2 of the bail
petition that the petitioner has not moved this Court earlier
either for anticipatory bail or regular one in the instant case.
6. It has further been stated in paragraph no.3 of the
bail petition that the petitioner has no criminal antecedents.
7. However, learned APP for the State vehemently
opposes the prayer of the Petitioner for bail.
8. Considering the aforesaid facts and circumstances,
this petition is allowed, directing the petitioner, above-named,
to be enlarged on bail, in the event of his arrest or surrender
before the court below within a period of eight weeks from the
date of receipt / production of a copy of this order, on his
furnishing bail bonds in the sum of Rs. 10,000 /- (Ten
Thousand) with two sureties of the like amount each to the
Patna High Court CR. MISC. No.39234 of 2026(2) dt.17-06-2026
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satisfaction of learned concerned court below in connection with
Digha P.S. Case No. 325 of 2026 subject to the conditions as
laid down under Section 482 (2) of the B.N.S.S 2023, and on
the following conditions:
(i) In case, it is brought to the notice of the court
below that the petitioner has any criminal antecedent, learned
court below shall cancel the bail bonds of the petitioner after
hearing him and getting satisfied that the petitioner has
concealed his criminal antecedents despite his knowledge of the
same.
(ii) In case, it is brought to the notice of the court
below that statement regarding previous bail petition is wrong,
learned court below shall cancel the bail bonds of the petitioner.
(Jitendra Kumar, J)
S.Ali/-
U T
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