Patna High Court
Sonu Kumar @ Sonu Kumar RaiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court grants bail to the petitioner.
Summary
The petitioner, Sonu Kumar, sought bail in a case under Section 30(a) of the Bihar Prohibition and Excise Act for alleged possession of 14 litres of country-made liquor recovered from a public place. The prosecution alleged the offence, while the petitioner claimed innocence, stating no incriminating material was found in his possession and that the recovery was from an open area accessible to the public. The petitioner had been in custody since 21‑12‑2025 and possessed a prior criminal antecedent, and the State argued against bail. The Court noted the lack of direct evidence, the public nature of the recovery, and the non‑compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, and decided to grant bail. The bail was set at a bond of Rs. 15,000 with two sureties of the same amount.
Issues considered
- Whether bail should be granted to the petitioner under Section 30(a) of the Bihar Prohibition and Excise Act considering the facts of the case.
- Whether the non‑compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, affects the grant of bail.
Legislation cited
Subjects
- bail
- prohibition law
- excise law
- liquor offence
- Section 30(a)
- Section 103
- Bihar
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6629 of 2026
Arising Out of PS. Case No.-147 Year-2025 Thana- Hariharnath P.S. District- Saran
======================================================
Sonu Kumar @ Sonu Kumar Rai Son of Mani Rai R/o Village - Dagra Bazar,
P.S. - Harihar Nath, Dist. - Saran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Nalin Kumar, Advocate
For the Opposite Party/s : Mr.Lakshmi Kant Sharma, A.P.P.
======================================================
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
Hariharnath P.S. Case No. 147 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 total 14 liters
country made liquor was recovered from jute sack.
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
for the petitioner further submitted that the recovery has been
Patna High Court CR. MISC. No.6629 of 2026(2) dt.02-02-2026
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made from open place, which is accessible to public at large.
The petitioner is in custody since 21.12.2025 and has got one
criminal antecedent. 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 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 Hariharnath P.S.
Case No. 147 of 2025.
(Rudra Prakash Mishra, J)
manish/-
U T
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