Patna High Court
Sunil KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
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
- BNSS, 2023 — s. 103
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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