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Patna High Court

Sunny Dubey @ Sunni DubeyversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                                          2/2




                        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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