Patna High Court
Sonu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The High Court granted bail to the petitioner, holding that the lack of direct possession of the seized liquor justified bail under Section 482(2) of the BNSS.
Summary
The petitioner, Sonu Kumar, a railway employee, was named in an FIR for alleged illegal manufacturing and trading of illicit liquor under Section 30(a) of the Excise Act, with 12.7 litres of liquor recovered from a motorcycle registered in his name. He contended that the liquor was not in his conscious physical possession and that the recovery was unrelated to his personal control. The prosecution opposed his bail, noting his involvement in another criminal case where he was already on bail. The court observed that the prima facie evidence did not show possession by the petitioner and, applying Section 482(2) of the BNSS, directed that he be released on bail upon furnishing a bond of Rs. 10,000 with two sureties. The bail was conditioned on his surrender within four weeks and compliance with the Excise Court’s directions.
Issues considered
- Whether bail can be granted when the seized illicit liquor is not in the petitioner's physical possession.
- Whether Section 482(2) of the BNSS empowers the High Court to grant bail in such circumstances.
Legislation cited
- BNSS — s. 482(2)
- Excise Act — s. 30(a)
Subjects
- bail
- excise law
- illicit liquor
- Section 30(a)
- Section 482(2)
- possession
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.44625 of 2026
Arising Out of PS. Case No.-336 Year-2025 Thana- RAMGARH District- Kaimur (Bhabua)
======================================================
Sonu Kumar S/o Sadhu Charan Singh R/o Village- Sakarauli, P.O- Badhupar,
P.S- Mohania, Dist- Kaimur (Bhabhua).
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Rakesh Kumar Mishra
For the Opposite Party/s : Mr.Akbar Ali
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 06-07-2026 Heard the parties
2.The petitioner is named in the F.I.R. and
apprehending his arrest in connection with Ramgarh P.S. Case
No. 336 of 2025 registered for the offences punishable under
Section 30(a) of Excise Act.
3. The allegation against the petitioner is to be
engaged in illegal trading/manufacturing of illicit liquor, where,
there is recovery of 12.700 litres of IMFL/country made liquor.
4.Learned counsel appearing on behalf of the
petitioner submitted that recovery of illicit liquor was made
from motorcycle bearing registration no. UP 61 AY 3212 of
whom petitioner is the registered owner. It is submitted that
petitioner is a railway employee and is currently posted at
Patna High Court CR. MISC. No.44625 of 2026(2) dt.06-07-2026
2/2
Chennai. It is further that recovery is not made from conscious
physical possession of this petitioner. Petitioner is found
involved in one more criminal case where he is on bail .
5 Learned APP, opposed the prayer of bail.
6. In view of aforesaid factual submission and by
taking note of the fact that recovery of illicit liquor prima-facie
not been made from the physical possession of the petitioner,
accordingly petitioner above-named, in the event of his arrest
or surrender before the court below within a period of four
weeks, is directed to be released on bail, furnishing bail bond
of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of
the like amount each to the satisfaction of the learned Spl.
Judge, Excise Court nO. II, Kaimur at Bhabhua /concerned
Court, where the case is pending in connection with Ramgarh
P.S. Case No. 336 of 2025, subject to the conditions as laid
down under Section 482(2) of BNSS.
(Chandra Shekhar Jha, J)
Sudha/-
U
T
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