Created by Fuzzy Cloud

Patna High Court

SONU KUMAR @ RAKESH KUMARversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court held that bail should be granted to the petitioner subject to prescribed conditions.

Summary

The petitioner, Sonu Kumar, was arrested in connection with a case involving the seizure of 18 litres of illicit foreign liquor from a motorcycle, alleged to violate Sections 317(5) and 318(4) of the Bharatiya Nagarika Suraksha Sanhita, 2023 and Section 30(a) of the Bihar Prohibition and Excise Act. The petitioner claimed he was falsely implicated, had no liquor in his possession, and was not linked to the vehicle, also pointing out non‑compliance with Section 103 of the B.N.S. by the prosecution. The State opposed bail, citing the seriousness of the offence and the petitioner’s five prior criminal antecedents. The Court, after considering the facts and the period of custody, decided to grant bail subject to a cash bond, sureties, and several conditions regarding appearance, non‑tampering of evidence, and future offences. The bail order was issued with a bond of Rs. 15,000 and two sureties of equal amount, with specific conditions for cancellation.

Issues considered

  • Whether bail should be granted to the petitioner despite the alleged offences under the B.N.S. and Bihar Prohibition and Excise Act.
  • Whether the prosecution complied with the procedural requirement of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023.
  • Whether the petitioner’s prior criminal antecedents justify denial of bail.

Legislation cited

Subjects

  • bail
  • criminal procedure
  • illicit liquor
  • prohibition law
  • false implication
  • Section 103 compliance
  • Bihar

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.4831 of 2026
                        Arising Out of PS. Case No.-209 Year-2025 Thana- KORHA District- Katihar
                 ======================================================
                 Sonu Kumar @ Rakesh Kumar Son Of Late Chandradeo Singh Resident Of
                 Village - Basgarha, P.S.- Korha, District - Katihar.

                                                                                   ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Pawan Kumar Singh, Advocate
                 For the Opposite Party/s :        Mrs. Meena Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   28-01-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                               2. The petitioner seeks bail in connection with Korha

                   P.S. Case No. 209/2025 instituted for the offences punishable

                   under Sections 317(5) and 318(4) of the B.N.S. and Section

                   30(a) of the Bihar Prohibition and Excise Act.

                               3. The prosecution case, in short, is that total 18 litres

                   of illicit foreign liquor was recovered from motorcycle.

                               4. Learned counsel for the petitioner submitted that the

                   petitioner has falsely been implicated in the present case. No

                   incriminating article has been recovered from the conscious

                   possession of the petitioner. The apprehended person disclosed

                   the name of the petitioner. Learned counsel further submitted
Patna High Court CR. MISC. No.4831 of 2026(2) dt.28-01-2026
                                            2/3




          that petitioner is in no manner connected with the vehicle in

          question or with the alleged recovery of liquor. The petitioner is

          in custody since 19.12.2025 and has five criminal antecedents.

          There is no compliance of Section 103 of the Bharatiya

          Nagarika Suraksha Sanhita, 2023.

                     5. Learned APP 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 as also 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/- ( Rupees Fifteen Thousand) with two

          sureties of the like amount each to the satisfaction of Court

          below/concerned Court in connection with Korha P.S. Case No.

          209/2025, subject to the following conditions:

                       (I) One of the bailors shall be own/close member of

          the family of the petitioner.

                       (II) The petitioner shall appear on each and every date

          fixed at the trial. In case of default in such appearance on two

          consecutive dates, the Trial Court will have liberty to cancel the

          bail bonds of the petitioner.

                       (III) If the petitioner tampers with the evidence or the
             Patna High Court CR. MISC. No.4831 of 2026(2) dt.28-01-2026
                                                         3/3




                       witnesses, in that case, the prosecution will be at liberty to move

                       for cancellation of bail.

                                    (IV) If the petitioner is found involved in the similar

                       nature of offence in future, the prosecution will be at liberty to

                       move for cancellation of bail.



                                             (Rudra Prakash Mishra, J)
atul/-

U        T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.