Patna High Court
Sunil KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court granted bail to the petitioner, finding that his clean antecedent and lack of direct incriminating material warranted release.
Summary
The petitioner, Sunil Kumar, was arrested after 80 litres of liquor were recovered from a hut belonging to his joint family and was charged under Section 30(a) of the Bihar Prohibition and Excise Act. He claimed innocence, arguing that no incriminating material was found in his personal possession and that the recovered liquor was in a publicly accessible area. The State opposed bail, while the petitioner highlighted his clean antecedent and the short period of custody since 18-11-2025. The Court considered the lack of direct evidence, the petitioner’s clean record, and the statutory non‑compliance of Section 103 of the B.N.S.S., 2023, and decided to grant bail. Accordingly, the petitioner was released on bail upon furnishing a bond of Rs.15,000 with two sureties of equal amount.
Issues considered
- Whether the petitioner is entitled to bail under Section 30(a) of the Bihar Prohibition and Excise Act considering the facts of the case
Legislation cited
- B.N.S.S. — s. 103
Subjects
- bail
- prohibition law
- excise
- criminal procedure
- clean antecedent
- Section 30(a)
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.166 of 2026
Arising Out of PS. Case No.-575 Year-2025 Thana- CHAKIA District- East Champaran
======================================================
Sunil Kumar S/o Shambhu Mahto R/o Village - Ambedkar Nagar, P.S -
Chakia, District - East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Suraj Kumar Tiwari, Advocate
For the Opposite Party/s : Mr.Shyam Bihari Singh, 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 Chakia P.S. case No.
575 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 80 liters liquor
was recovered from hut of the petitioner and the petitioner was
arrested on spot.
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
Patna High Court CR. MISC. No.166 of 2026(2) dt.19-01-2026
2/2
further submitted that recovery has been made from a hut
belonging to joint family property and is also an open place
accessible to public at large. The petitioner is in custody since
18.11.2025 and has got no criminal antecedent. 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.
6. Considering the aforesaid facts and circumstances
of the case, clean antecedent 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 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 Chakia P.S. case No.
575 of 2025.
(Rudra Prakash Mishra, J)
Pankaj/-
U T
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