Patna High Court
Sonu KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted regular bail to the petitioner.
Summary
Sonu Kumar was arrested in connection with an alleged seizure of 105 litres of country-made liquor from a scooty, charged under Section 30(a) of the Bihar Prohibition and Excise Act. He contended that he neither owned nor drove the scooty, that the liquor was not in his conscious possession, and that the police seizure report was vague and failed to comply with mandatory provisions of Section 105. The petitioner, who has no prior criminal record, had been in judicial custody since 11 December 2025 and sought regular bail. The State opposed the bail application. Considering the lack of clear possession, procedural lapses, and the petitioner’s clean record, the Court granted regular bail on a bond of Rs.10,000 with two sureties, subject to satisfaction of the Special Excise Judge, Danapur.
Issues considered
- Whether regular bail should be granted to the accused in a case under Section 30(a) of the Bihar Prohibition and Excise Act where alleged procedural non‑compliance and lack of possession are raised.
Subjects
- bail
- prohibition law
- excise
- illegal liquor
- Section 30(a)
- Section 105
- procedural compliance
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8691 of 2026
Arising Out of PS. Case No.-788 Year-2025 Thana- RUPASPUR District- Patna
======================================================
Sonu Kumar S/o- Sohan Ram R/v- Barahiya Ps- Barahiya Dist- Lakhisarai
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Abhishek Rai, Advocate
For the Opposite Party/s : Mr.Nitya Nand Tiwary, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
3 25-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for regular bail in a case
registered for the offence punishable under sections 30 (a) of the
Bihar Prohibition and Excise Act.
3. The case of the prosecution, in brief, is that
altogether 105 litres of country-made liquor was allegedly
recovered from a scooty.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in
connection with the present case. It is further submitted that
nothing has been recovered from the conscious possession of
the petitioner. It is further submitted that the petitioner is neither
the owner nor the driver of the said scooty. According to the
petitioner, the scooty belongs to some other person, and his
Patna High Court CR. MISC. No.8691 of 2026(3) dt.25-02-2026
2/2
name has been falsely implicated in the present case. It is also
contended that the witnesses to the seizure list are police
personnel, and upon perusal of the seizure list, it does not
clearly transpire as to the exact quantity of country-made liquor
allegedly recovered. Moreover, it is submitted that the
mandatory provisions of Section 105 have not been complied
with by the police authorities. Petitioner has been languishing in
judicial custody since 11.12.2025 having no criminal
antecedent.
5. Learned APP appearing for the State has
vehemently opposed the prayer of regular bail.
6. Considering the aforesaid facts and circumstances
of the case, this court is inclined to enlarge the petitioner on
bail. The above named petitioner is directed to be released on
bail in connection with Rupaspur P.S. Case No. 788 of 2025 on
furnishing bail bond of Rs.10,000/- (ten thousand) with two
sureties of the like amount each to the satisfaction of learned
Special Excise Judge, Danapur, Patna.
(Ashok Kumar Pandey, J)
Jagdish/-
U T
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