Patna High Court
Sonu MallahversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
Holding
The court granted bail to the petitioner with specified conditions.
Summary
Sonu Mallah was arrested in connection with a case involving alleged violations of the Bihar Prohibition and Excise Act, the Bihar Narcotic Substances Act and the Arms Act, after police intercepted vehicles and seized liquor and weapons. The prosecution alleged that Mallah assisted occupants of a vehicle and that local villagers identified him, while the defence argued that no incriminating article was found in his possession and that he had been falsely implicated. Mallah, who has two prior similar convictions, offered to deposit a bail amount and secured two sureties. The State opposed bail, citing the seriousness of the offences and his antecedents. The High Court, after considering the facts, granted bail on a bond of Rs.10,000 with two sureties and imposed conditions regarding attendance, future offences, and verification of his criminal record.
Issues considered
- Whether bail should be granted to the accused despite the nature of the offences under the Bihar Prohibition and Excise Act, B.N.S. and Arms Act.
- Whether the absence of seized material from the accused's conscious possession justifies bail.
- Whether the accused's prior criminal antecedents preclude the grant of bail.
Legislation cited
- Arms Act — s. 26, 27, 35
- Bihar Narcotic Substances Act — s. 109, 132, 191(2), 191(3), 324(4)
Subjects
- bail
- criminal procedure
- prohibition act
- arms act
- seizure
- criminal antecedents
- court conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.76218 of 2025
Arising Out of PS. Case No.-181 Year-2025 Thana- BRAHMPUR District- Buxar
======================================================
Sonu Mallah S/o- Ishwar Dayal Mallah @ Karun Mallah Resident of village-
Balua, Ps- Brahmpur Dist- Buxar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Arun Kumar Gupta, Advocate
For the Opposite Party/s : Mr. Sanjay Kumar Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL ORDER
2 08-01-2026 Heard the learned counsel for the petitioner and
learned APP for the State.
2. Petitioner, who is in custody, seeks bail in
connection with Brahmpur P.S. Case No. 181 of 2025
registered for the offence(s) punishable under Section(s)
30(a) of the Bihar Prohibition and Excise Act and under
Sections 191(2), 191(3), 109, 132, 324(4) of the B.N.S. and
under Sections 27, 26 and 35 of the Arms Act.
3. As per the prosecution case, on the basis of
secret information, the police intercepted four vehicles and
during the search, around 35 persons allegedly attempted to
assist the occupants of a Bolero car. It is further alleged that
during the search of a Swift Dzire car, 147.780 litres of
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liquor was recovered and that the local villagers and the
chowkidar disclosed the names of the accused persons.
4. The learned counsel for the petitioner submits
that the petitioner has been falsely implicated in the present
case and that no incriminating article has been recovered
from his conscious possession. It has further been submitted
that the petitioner is not the owner of the seized vehicle and
that till date no T.I.P. has been conducted. It is also
submitted that the alleged recovery was not made from the
conscious possession of the petitioner and merely on
account of the fact that the petitioner carries two criminal
antecedents of similar nature his name has been disclosed
by the local chowkidar. The learned counsel lastly submits
that the petitioner is in custody since 29.09.2025.
5. The petitioner is willing and undertakes to
deposit a sum of Rs. 5,000.00 in the account of Lawyers’
Association Welfare Benevolent Fund, bearing Account No.
7801893276, IFSC Code: IDIB000L501, Indian Bank,
LNMI Branch, Bailey Road, Patna.
6. The learned A.P.P. has vehemently opposed the
prayer for bail.
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7. Regard being had to the facts and circumstances
of the case, let the petitioner, above named, be released on
bail on furnishing bail bond of Rs. 10,000/- (Ten thousand)
with two sureties of the like amount each to the satisfaction
of the learned court below where the case is
pending/successor court in connection Brahmpur P.S. Case
No. 181 of 2025, subject to the following conditions:-
(i) One of the bailors of the petitioner shall be his
close relative and the other shall be the local resident.
(ii) The petitioner shall remain physically present
in Court on each date of the trial.
(iii) In case of absence on two consecutive dates
or in violation of the terms of the bail, the bail bond of the
petitioner will be liable to be cancelled by the court
concerned.
(iv) If the petitioner is found involved in similar
nature of offence in future, the prosecution shall be at
liberty to move for cancellation of his bail bond.
(v) The learned Court below shall verify the
criminal antecedent of the petitioner and in case at any stage
it is found that the petitioner has concealed his criminal
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antecedent, the court below shall take step for cancellation
of bail bond of the petitioner. However, the acceptance of
bail bonds in terms of the above-mentioned order shall not
be delayed for purpose of or in the name of verification.
8. The bail bond of the petitioner shall be accepted
by the learned Trial Court on showing receipt of deposit of
aforesaid amount with the Lawyers’ Association Welfare
Benevolent Fund.
9. Accordingly, the prayer for bail is allowed.
10. It is made clear that the observation, if any,
made in this order, shall be of no bearing during the trial.
(Sourendra Pandey, J)
aditya/-
U
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