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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

The petitioner, Sunil Kumar, was arrested on 17 January 2026 in connection with a Prohibition case (Case No. 280 of 2026) for alleged possession of 275.250 liters of liquor, alleged under Section 30(a) of the Bihar Prohibition and Excise Act. The petitioner claimed innocence, stating he was neither the owner nor driver of the vehicle and that no incriminating material was found in his possession, and highlighted the lack of compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The State opposed bail, but the court considered the facts, the petitioner’s clean record, and the period of custody already served. The court found no sufficient ground to keep the petitioner detained and decided to grant bail. Accordingly, the petitioner was ordered to be released on bail upon furnishing a bond of Rs. 15,000 with two sureties of the same amount.

Issues considered

  • Whether bail should be granted to the accused in a case under Section 30(a) of the Bihar Prohibition and Excise Act considering the circumstances of arrest and lack of incriminating material.

Legislation cited

Subjects

  • bail
  • prohibition
  • excise
  • Section 30(a)
  • Bihar Prohibition and Excise Act
  • criminal procedure
  • Section 103
  • Bharatiya Nagarik Suraksha Sanhita

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.12952 of 2026
                        Arising Out of PS. Case No.-280 Year-2026 Thana- Excise P.S. District- Patna
                 ======================================================
                 Sunil Kumar S/O Madan Rai R/O Mirzanagar, P.S- Mahua, Distt.- Vaishali.

                                                                                       ... ... Petitioner/s
                                                          Versus
                 The State of Bihar
                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr.Amrit Abhijat, Advocate
                 For the Opposite Party/s :         Ms.Asha Kumari, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   24-02-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner seeks bail in connection with

                   Prohibition P.S. Case No. 280 of 2026, instituted for the

                   offences punishable under Section 30(a) of the Bihar Prohibition

                   and Excise Act.

                                3. The prosecution case, in short, is that total 275.250

                   liters liquor was recovered from pick-up and car. Petitioner was

                   arrested on the 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. Learned counsel
           Patna High Court CR. MISC. No.12952 of 2026(2) dt.24-02-2026
                                                       2/2




                     further submitted that the petitioner was neither owner nor

                     driver of the vehicle and he has no knowledge regarding nature

                     of goods loaded on the vehicle. The petitioner has no concern

                     either with the liquor, vehicle or godown. The petitioner is in

                     custody since 17.01.2026 and has got no criminal antecedent.

                     There is no compliance of Section 103 of the Bharatiya Nagarik

                     Suraksha Sanhita, 2023.

                                  5. Learned APP 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/- (Rupees Fifteen Thousand) with two

                     sureties of the like amount each to the satisfaction of Court

                     below/concerned Court in connection with             Prohibition P.S.

                     Case No. 280 of 2026.



                                           (Rudra Prakash Mishra, J)
manish/-

U      T


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