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Patna High Court

Sonu KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted to the petitioner as the prosecution failed to produce material evidence linking him to the seized liquor.

Summary

Sonu Kumar was arrested on 4 May 2026 in connection with a case involving the seizure of 90 litres of illicit country-made liquor and the destruction of 500 litres of illicit pass under Section 30(a) of the Bihar Prohibition & Excise Act, 2016. The petitioner claimed innocence, arguing that no material was recovered from his possession and that the accusation was based solely on the testimony of a local chaukidar. The State opposed bail, noting a similar pending case against the petitioner, but the petitioner was already on bail in that matter. The court examined the lack of direct evidence linking the petitioner to the seized liquor and considered the nature of the offence and the petitioner’s prior case. Concluding that the evidence was insufficient to justify continued detention, the court granted bail on a Rs. 10,000 bond with two sureties, subject to conditions regarding cooperation, appearance, non‑tampering with evidence, and verification of criminal antecedents.

Issues considered

  • What is the appropriate bail decision when the accused is implicated solely on the basis of a chaukidar's disclosure without material possession?
  • Does the existence of a similar pending case affect the grant of bail in the present matter?

Legislation cited

Subjects

  • bail
  • illegal liquor
  • Bihar Prohibition & Excise Act
  • Section 30(a)
  • seizure
  • choukidar testimony
  • criminal antecedent
  • conditions of bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.40038 of 2026
                        Arising Out of PS. Case No.-200 Year-2026 Thana- GARKHA District- Saran
                 ======================================================
                 Sonu Kumar S/o Siyashankar Ray R/o Village- Kashina, PS- Garkha, Distt.-
                 Saran

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Nalin Kumar, Advocate
                 For the Opposite Party/s :       Mr. Abhay Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   29-06-2026                     Heard      Mr. Nalin Kumar, learned counsel for the

                   petitioner and Mr. Abhay Kumar, learned APP for the State.

                                2. Petitioner seeks bail, who is in custody since

                   04.05.2026, in connection with Garkha P.S. Case No. 200 of 2026,

                   F.I.R. dated 22.02.2026 registered for the offences punishable

                   under Section 30(a) of the Bihar Prohibition & Excise Act, 2016.

                                3. Recovery is of 90.00 litres of illicit country made

                   liquor.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and he has been falsely implicated in the

                   present case. He further submits that it appears from the F.I.R. as

                   well as seizure list that altogether 90.00 litres of illicit country

                   made liquor was recovered from the place of occurrence and 500

                   litres illicit Pass was destroyed from the place of occurrence. He
Patna High Court CR. MISC. No.40038 of 2026(2) dt.29-06-2026
                                            2/3




          further submits that it appears from the F.I.R. that the petitioner

          was not apprehended at the place of occurrence and he has been

          made accused in the present case on the basis that the petitioner

          was escaped from the place of occurrence. He further submits that

          the name of the petitioner has been transpired on the basis of

          disclosure made by local choukidar, and except the aforesaid

          nothing cogent material has come during investigation to suggest

          the involvement of the petitioner in the present occurrence. The

          petitioner is in custody since 04.05.2026.

                       5. The learned Additional Public Prosecutor for the

          State has vehemently opposed the prayer for bail of the petitioner

          and submits that the petitioner carries one more case of similar

          nature other than the present one but fairly submits on the basis of

          paragraph-3 of the bail petition that the petitioner is on bail in the

          pending matter.

                       6. Considering the facts and circumstances of the case

          and the fact that nothing has been recovered from the conscious

          possession of the petitioner and he has been made accused merely

          on the basis of disclosure made by local choukidar, let the

          petitioner, above named, be released 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 1 st Exclusive

          Special Excise Court, Saran (Chapra) in connection with Garkha
               Patna High Court CR. MISC. No.40038 of 2026(2) dt.29-06-2026
                                                           3/3




                         P.S. Case No. 200 of 2026, subject to the following conditions :-

                                      (1) Petitioner shall co-operate in the trial and shall be

                         properly represented on each and every date fixed by the Court

                         and shall remain physically present as directed by the Court and on

                         his absence on two consecutive dates without sufficient reason, his

                         bail bond shall be cancelled by the Court below.

                                      (2) If the petitioner tampers with the evidence or the

                         witness, in that case, the prosecution will be at liberty to move for

                         cancellation of bail.

                                      (3) And, further condition that the court below shall

                         verify the criminal antecedent of the petitioner and in case at any

                         stage, it is found that the petitioner has concealed his criminal

                         antecedents, the court below shall take step for cancellation of bail

                         bond of the petitioner. However, the acceptance of bail bonds in

                         terms of the above-mentioned order shall not be delayed for

                         purpose of or in the name of verification.



                                                                       (Rajesh Kumar Verma, J)
Ibrar//-

U          T


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