Patna High Court
Sunny KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ALOK KUMAR SINHA
Holding
The court granted anticipatory bail to the petitioner subject to specified conditions.
Summary
The petitioner, Sunny Kumar, sought anticipatory bail in connection with a case (PS No. 527 of 2025) alleging violation of Section 30(a) of the Bihar Prohibition and Excise Act, 2022 for transporting and selling 6.375 litres of foreign liquor recovered from a bush. The prosecution alleged his involvement, but the petitioner was not apprehended at the scene and no liquor was found in his physical possession. He asserted innocence and highlighted his clean criminal record. The State opposed the bail, arguing the seriousness of the offence. Considering the lack of direct recovery from the petitioner, the open‑field nature of the seizure, and his no‑record antecedent, the court granted anticipatory bail subject to a Rs.10,000 bond, two sureties, and conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, including cooperation with investigation and verification of antecedents.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 in a case under the Bihar Prohibition and Excise Act, 2022.
- Whether the facts of non‑apprehension and absence of seized goods in the petitioner's possession justify the grant of anticipatory bail.
- Whether conditions such as bail bond, sureties, and verification of criminal antecedent can be imposed.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- Bharatiya Nagarik Suraksha Sanhita
- section 30(a)
- section 482(2)
- foreign liquor
- criminal antecedent
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17609 of 2026
Arising Out of PS. Case No.-527 Year-2025 Thana- RAJAOLI District- Nawada
======================================================
Sunny Kumar S/o Uday Ram R/o vill - Dumarkol, P.S.- Rajauli, Distt.-
Nawada
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Arvind Kumar, Adv
For the Opposite Party/s : Ms. Shaheen Begum, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
ORAL ORDER
2 25-03-2026 Heard learned counsel for the petitioner and
learned A.P.P. for the State.
2. The petitioner apprehends his arrest in connection
with Rajauli P.S. Case No. 527 of 2025, registered for the
offence punishable under Sections 30(a) of Bihar Prohibition
and Excise Act, 2022.
3. The case of the prosecution, in short, is that there
was recovery of total 6.375 liters foreign liquor from the bush. It
is alleged that the petitioner was involved in transportation,
storage and selling the aforesaid liquor. The petitioner managed
to flee away from the spot.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
present case. The petitioner has not been arrested from the spot
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nor anything has been recovered from the conscious physical
possession of the petitioner. He further submits that the
petitioner has no criminal antecedent.
5. Learned A.P.P. for the State opposes the prayer of
anticipatory bail.
6. Considering the fact that the petitioner was not
apprehended from the spot and nothing has been recovered from
the conscious physical possession of the petitioner and also the
fact that the recovery has been made from a bush, which is an
open place and taking into into account that the petitioner has no
criminal antecedent, this Court is inclined to grant privilege of
anticipatory bail to the petitioner.
7. Let the petitioner, named above, in the event of his
arrest or surrender before the Court below within four weeks
from today, 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 Spl. Excise
Court-II, Nawada in connection with Rajauli P.S. Case No. 527
of 2025 , subject to the conditions laid down under section
482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 as
also further condition that:-
(i) the petitioner shall co-operate in the
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investigation/trial.
(ii) the learned Court would, however, verify the
criminal antecedent of the petitioner and in case 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, it is expected that the verification process
would be done expeditiously without causing any delay.
(Alok Kumar Sinha, J)
kiran/-
U T
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