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Patna High Court

Sunil Sahni @ Sunil KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted as the court found no incriminating article recovered from the petitioner’s possession and considered the period of custody.

Summary

The petitioner, Sunil Sahni, was charged under Section 30(a) of the Bihar Prohibition and Excise Act for alleged possession of 611.7 litres of illicit foreign liquor seized from a truck. He contended that he was neither the owner nor the driver of the vehicle and that no incriminating article was found in his personal possession, asserting that his implication was merely on suspicion. The State opposed his bail application, while the petitioner’s counsel argued that the lack of direct evidence and the length of his custody warranted release. The Court, after considering these facts, concluded that the absence of any incriminating article in the petitioner’s possession and the period of custody justified granting bail. Accordingly, the petitioner was ordered to be released on bail upon furnishing a bail bond of Rs. 10,000 with two sureties of the same amount.

Issues considered

  • Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act when no incriminating article has been recovered from his possession.

Subjects

  • bail
  • prohibition law
  • excise
  • illicit liquor
  • criminal procedure
  • presumption of innocence

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.19519 of 2026
                       Arising Out of PS. Case No.-309 Year-2021 Thana- DUMRA District- Sitamarhi
                 ======================================================
                 Sunil Sahni @ Sunil Kumar Son of Mahadev Sahni R/o village - Lagma, P.S.-
                 Dumra, Dist.- Sitamarhi.

                                                                                   ... ... Petitioner/s
                                                        Versus

                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner       :        Mr. Santosh Kumar, Advocate
                 For the State            :        Mr. Sanjay Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   01-05-2026                  Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. The petitioner seeks bail in a case registered for the

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

                   and Excise Act.

                                3. As per prosecution case, 611.7 liters illicit foreign

                   liquor was recovered from the seized truck.

                                4. It is submitted by learned counsel for the petitioner

                   that petitioner is quite innocent and has committed no offence.

                   No incriminating article has been recovered from conscious

                   possession of this petitioner and he has falsely been implicated

                   in this case merely on suspicion. Petitioner is neither owner nor

                   driver of the vehicle in question. Moreover, charge-sheet has
             Patna High Court CR. MISC. No.19519 of 2026(2) dt.01-05-2026
                                                         2/2




                       already been submitted and petitioner is in custody since

                       05.01.2026.

                                    5. Learned A.P.P. for the State has vehemently

                       opposed the prayer for grant of bail to the petitioner.

                                    6. Considering the facts and circumstances of the

                       case, fact that no incriminating article has been recovered from

                       possession of this petitioner and period of custody, the prayer

                       for grant of bail to the petitioner is allowed.

                                    7. Accordingly, let the above named petitioner 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 learned Exclusive Special Excise Court No. I,

                       Sitamarhi in connection with Dumra P.S. Case No. 309 of 2021.



                                             (Prabhat Kumar Singh, J)
shashank/-

U      T


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