Patna High Court

Sonu Choudhary @ Sonu KumarversusThe State of Bihar

Decided: 2 February 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The Court grants bail to the petitioner subject to specified conditions.

Summary

The petitioner, Sonu Choudhary, was arrested in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act for allegedly possessing 1,250 litres of liquor recovered from a jute bag. He claimed innocence, arguing that no incriminating material was found in his possession and that the liquor was recovered from an open area accessible to anyone. The State opposed bail, citing the seriousness of the offence and the petitioner’s two prior criminal antecedents, and noted non‑compliance with Section 103 of the BNSS, 2023. The Court, after considering the facts, the period of custody since 09‑12‑2025, and the lack of direct evidence against the petitioner, decided to grant bail. Bail was conditioned on a bond of Rs.15,000 with two sureties, one of whom must be a close family member, and the petitioner’s mandatory appearance at every trial date, with cancellation possible after two consecutive defaults.

Issues considered

Whether the petitioner is entitled to bail despite the alleged possession of a large quantity of liquor under the Bihar Prohibition and Excise Act.
Whether the lack of compliance with Section 103 of the BNSS, 2023, bars the grant of bail.

Legislation cited

BNSS, 2023 — s. 103

Subjects

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

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                CRIMINAL MISCELLANEOUS No.6668 of 2026
                     Arising Out of PS. Case No.-646 Year-2025 Thana- Excise P.S. District- Sheikhpura
                 ======================================================
                 Sonu Choudhary @ Sonu Kumar S/o Manoj Chowdhary Resident of Village -
                 Naseebchak, P.S - Mission, District - Sheikhpura

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr. Vijay Kumar Singh, Advocate
                 For the Opposite Party/s :         Mr. Nand Kumar, 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

                   Sheikhpura Excise PS Case No. 646 of 2025 instituted for the

                   offences under Section/s 30(a) of the Bihar Prohibition and

                   Excise Act.

                           3.       The prosecution case, in short, is that 1.250 liters

                   liquor was recovered from jute bag.

                           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
           Patna High Court CR. MISC. No.6668 of 2026(2) dt.02-02-2026
                                                       2/2




                     that recovery is from an open place, which is accessible to one

                     and all. The petitioner is in custody since 09.12.2025 and has

                     got two 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 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 Sheikhpura Excise

                     PS Case No. 646 of 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.


                                                                  (Rudra Prakash Mishra, J)
Raj Kishore/-
U      T

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