Patna High Court
Sonu Kumar ChaudharyversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
Bail is granted to the petitioner subject to a bond of Rs 15,000, two sureties and specified conditions.
Summary
The petitioner, Sonu Kumar Chaudhary, was arrested in a case under Section 30(a) of the Bihar Prohibition and Excise Act after 1.5 litres of liquor was recovered from behind his house. He contended that he had no conscious possession of the liquor, that the recovery was from an open area accessible to all, and that his name was implicated solely on local disclosures. The State opposed bail, highlighting the petitioner’s seven criminal antecedents, six of which were on bail, and the lack of compliance with Section 103 of the B.N.S.S., 2023. The Court examined the circumstances, noting the absence of incriminating material against the petitioner and the length of his custody, and decided that bail was appropriate despite his antecedents. Accordingly, the Court ordered his release on bail with a bond of Rs 15,000 and two sureties, imposing conditions that one bailor be a close family member and that the petitioner appear at every trial date, with bail liable to be cancelled on two consecutive defaults.
Issues considered
- Whether bail should be granted to the petitioner under Section 30(a) of the Bihar Prohibition and Excise Act given his criminal antecedents and the circumstances of the alleged liquor recovery.
Legislation cited
- B.N.S.S., 2023 — s. 103
Subjects
- bail
- Bihar Prohibition and Excise Act
- Section 30(a)
- criminal antecedents
- Section 103 B.N.S.S. 2023
- liquor possession
- court conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.92005 of 2025
Arising Out of PS. Case No.-173 Year-2025 Thana- JHANJHARPUR District- Madhubani
======================================================
Sonu Kumar Chaudhary S/o- Late Ramkishun Chaudhary R/o - Jhanjharpur,
Ward No.10, Bhandari Tol, P.S - Jhanjharpur, District - Madhubani, Bihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sanjay Kumar Jha, Advocate
For the Opposite Party/s : Mr.Nagendra Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 19-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in Jhanjharpur P.S. case
No. 173 of 2025 instituted for the offences under Section 30(a)
of the Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that 1.5 liters
liquor was recovered from behind the house of the petitioner.
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
further submitted that recovery is made from open place which
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is easily accessible to one and all. The name of the petitioner has
transpired on the basis of disclosure made by local people. The
petitioner is in custody since 19.11.2025 and has got seven
criminal antecedents in which he is on bail in six cases. There is
no compliance of Section 103 of B.N.S.S., 2023.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of bail to the petitioner. The
petitioner has criminal antecedents of seven cases, hence, he
does not deserve bail.
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, after framing
of charge, if not already framed, 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 Jhanjharpur P.S. case No. 173 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
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consecutive dates, the Trial Court will have liberty to cancel the
bail bonds of the petitioner.
(Rudra Prakash Mishra, J)
Pankaj/-
U T
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