Patna High Court
Sonu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court held that, in view of the petitioner’s clean antecedent and absence of incriminating material, bail should be granted.
Summary
The petitioner, Sonu Kumar, was arrested in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act for alleged possession of 220 litres of liquor recovered from a bush. He claimed innocence, stating no incriminating material was found on his person and that the recovery was from an open area accessible to all. The petitioner had no prior criminal record and had been in custody since 14 January 2026. The State opposed bail, but the court noted the petitioner’s clean antecedents, lack of direct evidence, and the period already spent in custody. Consequently, the court granted bail on the condition of a Rs.15,000 bond with two sureties of equal amount.
Issues considered
- Whether the petitioner is entitled to bail under Section 30(a) of the Bihar Prohibition and Excise Act?
- Whether the non‑compliance of Section 103 of the BNSS, 2023 bars the grant of bail?
Subjects
- bail
- Bihar Prohibition and Excise Act
- Section 30
- criminal procedure
- clean antecedent
- BNSS 2023
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6584 of 2026
Arising Out of PS. Case No.-15 Year-2026 Thana- NARHATT District- Nawada
======================================================
Sonu Kumar S/O Rajesh Mahto R/O Village - Narhat P.S.- Narhat, District
-Nawada
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pushp Raj Singh, Advocate
For the Opposite Party/s : Mr. Umeshanand Pandit, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 02-02-2026 Heard learned counsel for the petitioner and learned APP
for the State.
2. The petitioner seeks bail in connection with Narhat
PS Case No. 15 of 2026 instituted for the offences under
Section/s 30(a) of the Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that 220 liters
liquor was recovered from bush.
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.6584 of 2026(2) dt.02-02-2026
2/2
and all. The petitioner is in custody since 14.01.2026 and has
got no 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, clean antecedent of the petitioner 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 Narhat PS Case No.
15 of 2026.
(Rudra Prakash Mishra, J)
Raj Kishore/-
U T
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