Patna High CourtCR. MISC./37747/2026bail granted

Rakesh Kumar @ Fantus Sonkar v. The State Of Bihar

2026-06-17Mr. Justice Arun Kumar Jha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37747 of 2026 Arising Out of PS. Case No.-203 Year-2026 Thana- Excise P.S. District- Rohtas ====================================================== Rakesh Kumar @ Fantus Sonkar, S/o Late Lotan Prasad, Resident of VillageSarkari Bagicha, Ward No. 31, P.S- Sasaram Nagar, District- Rohtas ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shashikant, Advocate For the Opposite Party/s :

Mrs.Sharda Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 17-06-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. In the present case, the petitioner seeks bail in connection with Sasaram Excise P.S. Case No. 203 of 2026, registered for the alleged offence under Sections 30(a) and 62 of the Bihar Prohibition & Excise Act.

3. As per prosecution case, police received information about sale of illicit liquor by the petitioner from his house and a raid was conducted. From the search of the house, recovery of 53 liters of country made liquor was made. Subsequently, the petitioner was apprehended from nearby place.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this

Patna High Court CR. MISC. No.37747 of 2026(2) dt.17-06-2026 2/3 case. The petitioner was not apprehended from the spot and nothing incriminating has been recovered from the person/possession of the petitioner. The recovery shown from the house of the petitioner is planted. The petitioner is in custody since 17.04.2026. The petitioner is having antecedents of two cases and in both the cases, he is on bail.

5. Learned APP for the State opposes the submission made on behalf of the petitioner.

6. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the fact that the petitioner was not arrested from the spot and no recovery has been shown from his person/possession and further considering the period of custody of the petitioner, the petitioner above named is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge, Excise Court No.1, Rohtas at Sasaram/court concerned in connection with Sasaram Excise P.S. Case No. 203 of 2026, subject to the conditions mentioned in Section 480(3) of BNSS and the following conditions:

(i) One of the bailors will be a close relative of the petitioner.

Patna High Court CR. MISC. No.37747 of 2026(2) dt.17-06-2026 3/3 (ii) The petitioner will remain present on each and every date fixed by the court below.

(iii) In case of absence on three 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.

(Arun Kumar Jha, J) V.K.Pandey/- U T