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Patna High Court

Sonu Kumar ChaudharyversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted bail to the petitioner, subject to a bond and specified conditions.

Summary

The petitioner, Sonu Kumar Chaudhary, sought bail in a case (PS Jhanjharpur Case No. 160 of 2025) for alleged contravention of Section 30(a) of the Bihar Prohibition and Excise Act, where 24 litres of liquor was recovered from a plastic sack behind his house. The petitioner claimed innocence, stating that the liquor was found in a public open area, he was not arrested on the spot, and no incriminating material was found in his possession; he also highlighted non‑compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The State opposed bail. Considering the facts, the duration of custody, and the petitioner’s antecedents, the Court inclined to grant bail, subject to a bond of Rs. 15,000 with two sureties and conditions regarding family surety, appearance, territorial restrictions, and future offences. The bail was ordered to be released after framing of charge, if not already done.

Issues considered

  • What is the appropriateness of granting bail to the petitioner under Section 30(a) of the Bihar Prohibition and Excise Act?
  • Whether the non‑compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, affects the bail application.
  • Whether the petitioner’s prior criminal antecedents and period of custody justify denial of bail.

Legislation cited

Subjects

  • bail
  • prohibition act
  • excise
  • Section 30(a)
  • Section 103
  • criminal procedure
  • Bihar

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.5961 of 2026
                  Arising Out of PS. Case No.-160 Year-2025 Thana- JHANJHARPUR District- Madhubani
                 ======================================================
                 Sonu Kumar Chaudhary Son of Late Ramkishun Chaudhary R/o -
                 Jhanjharpur, Ward No.10, Bhandari Tol, P.S - Jhanjharpur, District -
                 Madhubani, Bihar
                                                                      ... ... Petitioner/s
                                               Versus
                 The State of Bihar
                                                               ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Sanjay Kumar Jha, Advocate
                 For the Opposite Party/s :      Mr. Abhay Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   31-01-2026                     Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner seeks bail in connection with

                   Jhanjharpur P.S. Case No. 160 of 2025, instituted for the

                   offences punishable under Section 30(a) of the Bihar Prohibition

                   and Excise Act.

                                3. The prosecution case, in short, is that 24 liters

                   liquor was recovered from plastic sack in an open place behind

                   the house of the petitioner.

                                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. Learned counsel
Patna High Court CR. MISC. No.5961 of 2026(2) dt.31-01-2026
                                            2/3




          for the petitioner also submitted that the petitioner was not

          arrested on spot. Name of the petitioner has transpired in this

          case on the basis of disclosure made by local chowkidar. It is

          further submitted that the alleged recovery has been made from

          an open place and the same is easily accessible to the public at

          large. The petitioner is in custody since 18.10.2025 and has got

          seven criminal antecedents in which he is on bail. There is no

          compliance of Section 103 of the Bharatiya Nagarik 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 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 after framing

          of charge, if not already framed, 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 Jhanjharpur P.S. Case No. 160 of

          2025, subject to the following conditions:

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

          the family of the petitioner.
             Patna High Court CR. MISC. No.5961 of 2026(2) dt.31-01-2026
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                                    (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 is found involved in similar

                       nature of offence in future, the Trial Court will have the liberty

                       to cancel the bail bonds of the petitioner.

                                    (IV) The petitioner will not leave the territorial

                       jurisdiction of the Court below without its prior permission for

                       the same.



                                                                    (Rudra Prakash Mishra, J)
Rajorshi/-

U       T


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