Patna High Court
SONU KUMAR PANDEY @ SONU PANDEYversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted regular bail to the petitioner.
Summary
The petitioner, Sonu Kumar Pandey, was arrested in connection with the recovery of 52.56 litres of illicit foreign liquor from a scooty and a fired cartridge, and alleged involvement in a scuffle with police during which co‑accused fired at police. He was charged under Section 30(a) of the Bihar Prohibition and Excise Act and several sections of the Bihar Narcotic Substances Act. The petitioner claimed innocence regarding the firing incident, asserted no prior criminal record, and sought regular bail after being in judicial custody since 13‑04‑2026. The State opposed the bail, citing the seriousness of the offences. After hearing both sides, the High Court considered the facts, the petitioner's lack of antecedents, and the nature of the allegations, and decided to grant regular bail on a bond of Rs.10,000 with two sureties.
Issues considered
- Whether the petitioner is entitled to regular bail despite charges under the Bihar Prohibition and Excise Act and the Bihar Narcotic Substances Act.
- Whether the alleged involvement in firing at police, though attributed to co‑accused, precludes bail.
Legislation cited
- Bihar Narcotic Substances Act — s. 109(1), 115(2), 121(1), 121(2), 126(2), 132, 351(2)
- Bihar Prohibition and Excise Act — s. 30(a)
Subjects
- regular bail
- illicit liquor
- Bihar Prohibition and Excise Act
- Bihar Narcotic Substances Act
- criminal procedure
- firearm offence
- confession
- judicial custody
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.42177 of 2026
Arising Out of PS. Case No.-32 Year-2026 Thana- Karnamepur District- Bhojpur
======================================================
Sonu Kumar Pandey @ Sonu Pandey Son Of Arvind Kumar Pandey @
Arvind Pandey R/O Vill.- Sahjauli, P.S.- Shahpur, District - Bhojpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shrinandan Prasad, Sr. Advocate
Mr. Kumar Sameer, Advocate
Mr. Mukund, Advocate
Mr. Surendra Prasad Singh, Advocate
For the Opposite Party/s : Mr. Shyam Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 30-06-2026 Heard learned counsel for the petitioner and
learned APP for the State.
2. The petitioner has prayed for regular bail in a case
registered for the offence punishable under section 30(a) of the
Bihar Prohibition and Excise Act and Sections 126(2), 115(2),
121(1), 121(2), 109(1), 132, 351(2) of the BNS.
3. The case of the prosecution is that altogether,
52.56 liters of illicit foreign liquor was recovered from a
scooty and one fired cartridge was recovered. Learned trial
court has recorded that the petitioner has confessed that he is
indulged in the sell of illicit liquor with his associates and that
Patna High Court CR. MISC. No.42177 of 2026(2) dt.30-06-2026
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co-accused Nilesh Kumar Ojha @ RDX has used the pistol and
he had a scuffle with police due to which the police personnel
faint and fell down on earth and co-accused persons have fired
at police.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. Learned
counsel for the petitioner has submitted that only allegation
against the petitioner is that of recovery of illicit foreign liquor
and as far as firing at police is concerned, the same is not
against him. A statement has been made in para-3 of this
petition that the petitioner has got no criminal antecedent.
Moreover, he is languishing in judicial custody since
13.04.2026.
5. Learned APP appearing for the State has
vehemently opposed the prayer of regular bail.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this court
is inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be released on bail in connection with
Karnamepur P.S. Case No. 32 of 2026 on furnishing bail bond
of Rs.10,000/- (ten thousand) with two sureties of the like
amount each to the satisfaction of learned Exclusive Special
Patna High Court CR. MISC. No.42177 of 2026(2) dt.30-06-2026
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Excise Judge-II,, Bhojpur, Ara.
(Ashok Kumar Pandey, J)
Shubham/-
U T
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