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Patna High Court

Sunil KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioner.

Summary

Sunil Kumar was arrested after 269.28 liters of foreign liquor were recovered from a car and bathroom adjacent to his house. He contended that the premises are shared with family members and no liquor was found in his personal possession, asserting his innocence. The prosecution charged him under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act. The petitioner had been in custody since 4 December 2025, had a clean criminal record, and the State opposed bail. Considering the lack of incriminating material against him and the period of custody, the court granted bail on a bond of Rs.15,000 with two sureties.

Issues considered

  • Whether the petitioner is entitled to bail despite the recovery of liquor from premises adjacent to his residence
  • Whether the prosecution has established sufficient grounds to deny bail under the Bihar Prohibition and Excise Act
  • Whether the requirements of Section 103 of the BNSS, 2023 have been complied with

Legislation cited

Subjects

  • bail
  • excise
  • prohibition
  • foreign liquor
  • criminal procedure
  • Bihar Prohibition and Excise Act

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.1090 of 2026
                  Arising Out of PS. Case No.-383 Year-2025 Thana- Excise Thana Hajipur District- Vaishali
                 ======================================================
                 Sunil Kumar S/o Surendra Chaudhary R/o Village - Ward No. 1, Sadullapur,
                 P.O - Hajipur, P.S - Gangabridge, District - Vaishali

                                                                                      ... ... Petitioner/s
                                                          Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr. Shabina Talat, Adv.
                 For the Opposite Party/s :         Mr. Sangeeta Sharma, 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 connection with Hajipur

                   Excise PS Case No. 383 of 2025 instituted for the offences

                   under Section 30(a), 32(3) of the Bihar Prohibition and Excise

                   Act.

                            3. The prosecution case, in short, is that 269.28 liters of

                   foreign liquor was recovered from the car and bathroom

                   adjacent to 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
           Patna High Court CR. MISC. No.1090 of 2026(2) dt.19-01-2026
                                                       2/2




                     no concern with the alleged recovery of liquor. Learned counsel

                     for the petitioner submits that the recovery has been made from

                     the car and bathroom adjacent to the house of the petitioner but

                     both are commonly used by the other family members of the

                     petitioner. The petitioner is in custody since 04.12.2025 and has

                     got clean criminal antecedent. There is no compliance of

                     Section 103 of the BNSS, 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 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 Hajipur Excise PS Case No. 383 of

                     2025.



                                           (Rudra Prakash Mishra, J)
Siddharth Soni/-

U      T


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