Patna High Court
Sonu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
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
- Bihar Prohibition & Excise Act, 2016 — s. 30(a)
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
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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//-
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