Patna High Court
SONU KUMAR @ RAKESH KUMARversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
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
- Bharatiya Nagarika Suraksha Sanhita, 2023 — s. 103, 317(5), 318(4)
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
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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
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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
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