Sonu Kumar @ Rakesh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4831 of 2026 Arising Out of PS. Case No.-209 Year-2025 Thana- KORHA District- Katihar ====================================================== Sonu Kumar @ Rakesh Kumar Son Of Late Chandradeo Singh Resident Of Village - Basgarha, P.S.- Korha, District - Katihar. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Pawan Kumar Singh, Advocate For the Opposite Party/s :
Mrs. Meena Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 28-01-2026 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Korha P.S. Case No. 209/2025 instituted for the offences punishable under Sections 317(5) and 318(4) of the B.N.S. and Section 30(a) of the Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that total 18 litres of illicit foreign liquor was recovered from motorcycle.
4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. No incriminating article has been recovered from the conscious possession of the petitioner. The apprehended person disclosed the name of the petitioner. Learned counsel further submitted
Patna High Court CR. MISC. No.4831 of 2026(2) dt.28-01-2026 2/3 that petitioner is in no manner connected with the vehicle in question or with the alleged recovery of liquor. The petitioner is in custody since 19.12.2025 and has five criminal antecedents. There is no compliance of Section 103 of the Bharatiya Nagarika 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 as also 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 Korha P.S. Case No. 209/2025, 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.
(III) If the petitioner tampers with the evidence or the
Patna High Court CR. MISC. No.4831 of 2026(2) dt.28-01-2026 3/3 witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
(IV) If the petitioner is found involved in the similar nature of offence in future, the prosecution will be at liberty to move for cancellation of bail.
(Rudra Prakash Mishra, J) atul/- U T