Patna High Court
Sunny Dubey @ Sunni DubeyversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRAVEEN KUMAR
Holding
The Court granted bail to the petitioner on the stipulated conditions.
Summary
The petitioner, Sunny Dubey, was arrested as the driver of a vehicle from which 319.68 litres of illicit foreign liquor were seized, leading to charges under Section 30(a) of the Bihar Prohibition and Excise Act. He applied for regular bail, contending that he was unaware of the liquor being loaded in the vehicle and that he was falsely implicated solely because he was the driver. The petitioner also argued that the procedural requirements of Section 105 of the B.N.S.S. were not complied with and highlighted his clean criminal record and the fact that he had been in custody since 26‑12‑2025. The State opposed the bail, asserting the seriousness of the offence. After considering the submissions and the circumstances, the Court held that bail could be granted on condition of a bail bond of Rs.10,000 with two sureties of equal amount. Consequently, the bail application was allowed.
Issues considered
- Whether the petitioner is entitled to regular bail despite alleged contravention of Section 30(a) of the Bihar Prohibition and Excise Act
- Whether the procedural requirements under Section 105 of the B.N.S.S. were complied with
- Whether the petitioner’s clean antecedent and period of custody justify the grant of bail
Legislation cited
- B.N.S.S. — s. 105
Subjects
- bail
- prohibition law
- illicit liquor
- driver liability
- procedural compliance
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18837 of 2026
Arising Out of PS. Case No.-532 Year-2025 Thana- MAIRWAN District- Siwan
======================================================
Sunny Dubey @ Sunni Dubey S/o Ashok Dubey R/o Village - Barhaj, P.S -
Barhaj, District - Deoria, State - Uttar Pradesh
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Chandra Kant, Advocate
For the Opposite Party/s : Mr. Arun Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
2 25-03-2026 Heard learned counsel for the petitioner and learned
A.P.P for the State.
2. The petitioner has preferred this application for
grant of regular bail in connection with Mairwa P.S. Case No.
532 of 2025 registered for the offences punishable under Section
30(a) of the Bihar Prohibition and Excise Act.
3. As per the prosecution case, total 319.680 litres of
illicit foreign liquor was recovered from the car which the
petitioner was driving.
4. Learned counsel for the petitioner has submitted
that the petitioner is innocent and has falsely been implicated in
this case merely on the basis of being a driver of the said vehicle
from which the alleged liquor was recovered. It has further been
submitted that the petitioner was not aware about the illicit
Patna High Court CR. MISC. No.18837 of 2026(2) dt.25-03-2026
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liquor being loaded in the dicky of the vehicle. It is also
submitted that the procedure prescribed under Section 105 of
the B.N.S.S. has not been followed. It is lastly submitted that the
petitioner has clean criminal antecedent and is in custody since
26.12.2025.
5. Learned APP for the State has vehemently opposed
the prayer for bail of the petitioner.
6. Considering the aforesaid submissions of the
parties and taking into account the facts and circumstance of the
case, let the petitioner above-named, be enlarged on bail on
furnishing bail-bonds of Rs. 10,000/- (Rupees Ten Thousand)
with two sureties of the like amount each to the satisfaction of
learned Court concerned, Siwan, in connection with Mairwa P.S.
Case No. 532 of 2025.
7. The application stands allowed.
(Praveen Kumar, J)
Jyoti/-
U T
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