Patna High Court
Sonu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court held that bail should be granted to the petitioner.
Summary
The petitioner, Sonu Kumar, was arrested in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act after 20 litres of liquor were recovered from a bag. He claimed innocence, stating that no incriminating material was found in his possession and that the recovery occurred in an open area accessible to many. The petitioner had been in custody since 13 November 2025 and possessed a prior criminal antecedent, with the prosecution not complying with Section 103 of the BNSS, 2023. The State opposed bail, but the court considered the lack of direct evidence, the length of custody, and the antecedent. Consequently, the court granted bail on a bond of Rs.15,000 with two sureties.
Issues considered
- Whether bail should be granted to the accused in a case under Section 30(a) of the Bihar Prohibition and Excise Act given the circumstances of custody, prior antecedent, and lack of incriminating material.
- Whether the non‑compliance with Section 103 of the BNSS, 2023 affects the grant of bail.
Legislation cited
- BNSS, 2023 — s. 103
Subjects
- bail
- prohibition law
- excise
- criminal procedure
- Section 103
- antecedent
- custody
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4610 of 2026
Arising Out of PS. Case No.-213 Year-2025 Thana- NAYAGAON District- Saran
======================================================
Sonu Kumar Son of Shambhu Nath Sah @ Shambhu Sah Resident of Village-
Shivpur, P.S.- Sonepur, District- Saran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shakti Suman Kumar, Advocate
For the Opposite Party/s : Mr. Sanjay Kumar Sharma, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 27-01-2026 Heard learned counsel for the petitioner and learned APP
for the State.
2. The petitioner seeks bail in connection with
Nayagaon PS Case No. 213 of 2025 instituted for the offences
under Section/s 30(a) of the Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that 20 liters
liquor was recovered from Bag.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
present case. No incriminating material has been recovered from
the conscious possession of the petitioner. The petitioner has got
no concern with the alleged recovery of liquor. It is submitted
that recovery is from an open place, which is accessible to one
Patna High Court CR. MISC. No.4610 of 2026(2) dt.27-01-2026
2/2
and all. The petitioner is in custody since 13.11.2025 and has
got one criminal antecedent/s. There is no compliance of
Section 103 of the BNSS, 2023.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances
of the case and the period of custody undergone by the
petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail on furnishing
bail bonds of Rs.15,000/- (Fifteen thousand) with two sureties
of the like amount each to the satisfaction of Court
below/concerned Court in connection with Nayagaon PS Case
No. 213 of 2025.
(Rudra Prakash Mishra, J)
Raj Kishore/-
U T
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