Patna High Court
Sunil AhirwarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail was granted to the petitioner subject to a bond and specified conditions.
Summary
Sunil Ahirwar was arrested on 8 January 2026 in connection with a case involving the seizure of 353.55 litres of foreign liquor, alleged to violate Sections 30(a), 32(1) and 41(1) of the Bihar Prohibition and Excise Act, 2018. The petitioner argued that he has a clean criminal record, that the liquor was recovered from a pick‑up van and not from his conscious possession, and that the investigating authorities failed to comply with Sections 103 and 105 of the Bihar Narcotic Substances Act (BNSS). The State opposed bail. The High Court, noting the petitioner’s clean antecedent and the procedural lapses, granted bail on a bond of Rs.10,000 with two sureties, subject to conditions of cooperation, appearance, non‑tampering with evidence, and verification of antecedents. The order also empowered the lower court to cancel bail for non‑compliance with the conditions.
Issues considered
- Whether bail should be granted to the accused in a case under the Bihar Prohibition and Excise Act involving large quantity of foreign liquor.
- Whether the alleged non‑compliance with Sections 103 and 105 of the BNSS warrants the grant of bail.
- Whether the fact that the seized liquor was not in the accused’s conscious possession affects the bail decision.
Legislation cited
- Bihar Narcotic Substances Act (BNSS) — s. 103, 105
Subjects
- bail
- prohibition law
- excise
- foreign liquor seizure
- non‑compliance
- criminal antecedent
- conscious possession
- BNSS
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16900 of 2026
Arising Out of PS. Case No.-10 Year-2026 Thana- SUGAULI District- East Champaran
======================================================
Sunil Ahirwar Son of Hisbai Ahirwar Resident of village - Mau, P.S.-
Maharajpur, District- Chhatarpur, State- Madhya Pradesh
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Kamal Kishore Singh, Advocate
For the Opposite Party/s : Ms. Sangeeta Sharma, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 17-03-2026 Heard Mr. Kamal Kishore Singh, learned counsel for
the petitioner and Ms. Sangeeta Sharma, learned Additional
Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
08.01.2026 in connection with Sugauli P.S. Case No. 10 of
2026, F.I.R. dated 07.01.2026 for the offences punishable under
Section 30(a), 32(1), 41(1) of the Bihar Prohibition and Excise
Act, 2018.
3. Recovery is of 353.55 liters of foreign liquor.
4. Learned counsel for the petitioner submits that
petitioner has clean antecedent and he has falsely been
implicated in the present case. He further submits that it appears
from the F.I.R. as well as seizure list that nothing has been
recovered from the conscious possession of the petitioner rather
Patna High Court CR. MISC. No.16900 of 2026(2) dt.17-03-2026
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the recovery has been made from pick-up van in question and
there is non-compliance of Section 103 and 105 of BNSS and
the petitioner is in custody since 08.01.2026.
5. The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts and circumstances
and the fact that the petitioner has clean antecedent and there is
non-compliance of Section 103 and 105 of BNSS, let the
petitioner, above named, be released on bail on furnishing bail
bond of Rs. 10,000/- (Ten Thousand) with two sureties of the
like amount each to the satisfaction of the learned Exclusive
Special Excise Judge-I, Motihari at East Champaran in
connection with Sugauli P.S. Case No. 10 of 2026, subject to the
following conditions:-
i. Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
Patna High Court CR. MISC. No.16900 of 2026(2) dt.17-03-2026
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iii. And further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Suruchi/-
U T
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