Patna High Court
Sonelal @ Sonawa @ Sonu Kumar @ Sonu RayversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted bail to the petitioner, directing release upon furnishing a bond with sureties.
Summary
The petitioner, Sonelal, was arrested in connection with the alleged recovery of 180 litres of liquor from a motorcycle and charged under Section 30(a) of the Excise Act. He had been in custody since 15 May 2026 and claimed that he was not arrested at the spot, had no conscious possession of the liquor, and was not the owner of the seized motorcycle. He further argued that his name was omitted from the FIR, suggesting procedural lapses and possible wrongful implication by local informants. The State opposed the bail application. The Court, after considering these submissions, ordered the petitioner’s release on regular bail upon furnishing a bond of Rs.5,000 with two sureties, directing compliance with the trial court. The bail application was therefore allowed.
Issues considered
- Whether bail should be granted to the accused under Section 30(a) of the Excise Act given the alleged procedural deficiencies and lack of possession.
- Whether the omission of the accused's name from the FIR and the circumstances of arrest justify the grant of bail.
Legislation cited
- Excise Act — s. 30(a)
Subjects
- bail
- Excise Act
- Section 30(a)
- liquor seizure
- criminal procedure
- FIR omission
- presumption of innocence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.43171 of 2026
Arising Out of PS. Case No.-128 Year-2026 Thana- NADI P.S. District- Patna
======================================================
Sonelal @ Sonawa @ Sonu Kumar @ Sonu Ray S/O Tunna Rai @ Tunna
Ray Resident of Village-Himmatpur, P. S.- Rustampur, District- Vaishali. At
present residing Village- Didarganj ward No-72, P.S. Didarganj, and District-
Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Jay Ram Prasad
For the Opposite Party/s : Mr.Nitya Nand Tiwary
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 03-07-2026 1. Heard learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks bail in a case registered for the
offences punishable under Section 30(a) of the Excise Act.
3. The learned counsel for the petitioner submits that
the petitioner has antecedent of four cases under the Excise Act
and is in custody since 15.05.2026 and allegation is of recovery
of 180 litres of liquor from a motorcycle.
4. The learned counsel for the petitioner submits that
petitioner was not arrested from the spot, as such, nothing was
recovered from his conscious possession and is not the owner of
the seized motorcycle and he came to be implicated at the
instance of local person, but the name of the person, who
Patna High Court CR. MISC. No.43171 of 2026(2) dt.03-07-2026
2/2
disclosed the name of the petitioner is not disclosed in the F.I.R.,
which casts an aspersion on the case of the prosecution. It is
next submitted that police in majority of cases implicating
innocent persons either at the behest of Chaukidar, local person,
secret informant and confessional statement in a mechanical
manner without holding proper investigation.
5. Learned A.P.P. opposes the bail application.
6. Considering the submissions made by the learned
counsel for the petitioner, the petitioner, above-named, is
directed to be released on regular bail on his furnishing bail-
bonds in the sum of Rs.5,000/- (Rupees Five Thousand) with
two sureties of the like amount each to the satisfaction of the
learned Trial Court where the case is pending/successor Court in
connection with Nadi P. S. Case No.128 of 2026.
7. The application stands allowed.
(Satyavrat Verma, J)
vikash/-
U T
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