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Patna High CourtCR. MISC./22166/2026allowed

Sonu Kumar v. The State Of Bihar

2026-04-06Mr. Justice Ashok Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22166 of 2026 Arising Out of PS. Case No.-98 Year-2026 Thana- MUSAHARI District- Muzaffarpur ====================================================== Sonu Kumar S/o Ram Pravesh Sahni R/o Village - Balughat Brahamsthan, P.S - Sikandarpur, District - Muzaffarpur ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Anish Kumar, Advocate For the Opposite Party/s :

Mr. Mritunjay Kumar Nirala, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 06-04-2026 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 section 317(5), 318(4), 338, 336(3) of BNS and Section 30(a) of Bihar Prohibition and Excise Act.

3. The case of the prosecution is that from a scorpio vehicle, altogether 321 liters of illicit liquor was recovered.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Learned counsel for the petitioner has submitted that nothing has been recovered from the possession of the petitioner. He has been falsely implicated in this case as he is the driver of the said vehicle. He is unaware of the illicit liquor. Police has not

Patna High Court CR. MISC. No.22166 of 2026(2) dt.06-04-2026 2/2 complied Section 105 of BNSS while preparing seizure list and the seizure list witnesses are police personnel. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 04.03.2026.

5. Learned APP appearing for the State has vehemently opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the 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 Mushahari P.S. Case No. 98 of 2026 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge Excise-III, Muzaffarpur.

(Ashok Kumar Pandey, J) Shubham/- U T