Patna High Court

Sunni Kumar @ Krishna YadavversusThe State of Bihar

Decided: 30 April 2026
Disposal: BAIL GRANTED
Bench: SONI SHRIVASTAVA

Holding

Since no seized liquor was found in the petitioner's possession, bail is granted subject to the stipulated conditions.

Summary

The petitioner, Sunni Kumar, sought bail in a case alleging violation of Section 30(a) of the Bihar Prohibition and Excise Act and Sections 317(5) and 3(5) of the Bihar Narcotic Substances Act, where 734.4 litres of foreign liquor were seized from a pick‑up van. The petitioner argued that no liquor was recovered from his physical or conscious possession and that his name appeared only through the co‑accused Guddu Kumar's statements. The State opposed bail, citing a prior similar offence, though the petitioner was already on bail in that matter. The Court examined the lack of direct recovery from the petitioner and the procedural irregularities in the seizure. Finding no material link to the petitioner and considering his cooperation, the Court granted bail with a bond of Rs.10,000 and two sureties, subject to conditions under Cr.P.C. Section 438(2) and B.N.S.S. Section 482(2).

Issues considered

Whether bail should be granted when the seized contraband is not found in the petitioner's possession.
Whether a prior criminal antecedent of a similar nature warrants denial of bail.
Whether alleged violations of search and seizure procedures affect the bail decision.

Legislation cited

Bihar Narcotic Substances Act — s. 317(5), 3(5)
Code of Criminal Procedure, 1973 — s. 438(2)

Subjects

bail
search and seizure
foreign liquor
prohibition act
criminal antecedent
Criminal Procedure Code
Bihar Narcotic Substances Act

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.19561 of 2026
                  Arising Out of PS. Case No.-291 Year-2024 Thana- JOGAPATTI District- West Champaran
                 ======================================================
                 Sunni Kumar @ Krishna Yadav S/o Gama Yadav R/o Village - Harpur Tola
                 Majaina, P.S - Nadi, District - West Champaran          ... ... Petitioner/s
                                                      Versus
                 The State of Bihar                             ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Sarvesh Kashyap
                 For the Opposite Party/s :       Mr. Kumar Ranjit Ranjan
                 ======================================================
                 CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
                                       ORAL ORDER

2   30-04-2026                      Heard learned counsel for the petitioner and learned

                   APP for the State.

                                   2. The petitioner is apprehending his arrest in a case

                   registered for the offence punishable under Section 30(a) of the

                   Bihar Prohibition and Excise Act and Sections 317(5), 3(5) of the

                   B.N.S.

                                   3. Perusal of the first information report and the

                   seizure list, would go to show that 734.400 liters of foreign liquor

                   is said to have been recovered from the pick-up van.

                                   4. It is submitted by learned counsel for the petitioner

                   that there is no recovery from the physical and conscious

                   possession of the petitioner. As a matter of fact, the name of the

                   petitioner has surfaced in the present case on disclosure made by

                   the co-accused Guddu Kumar, who has already been granted bail

                   vide order dated 20.12.2024 passed in Cr. Misc. No. 87883 of

                   2024. It is further submitted that the mandatory provisions of

                   search and seizure have been violated as there is no independent
            Patna High Court CR. MISC. No.19561 of 2026(2) dt.30-04-2026
                                                        2/2




                      witness to the seizure list.

                                         5. Learned APP for the State opposes the prayer for

                      bail on the ground that petitioner has one criminal antecedent of

                      similar nature of the offence. In response, it has been submitted

                      that the petitioner is on bail in the said case.

                                   6. Taking into consideration the facts and circumstances

                      and also considering the fact that there is no recovery from the

                      physical or conscious possession of the petitioner, let the above

                      named petitioner in the event of his arrest or surrender before the

                      learned Court below within a period of four weeks from today, be

                      enlarged on bail on furnishing bail bond of Rs.10,000/- (Rupees

                      Ten Thousand) with two sureties of the like amount each to the

                      satisfaction of the learned court below where the case is

                      pending/successor court in connection with Yogapatti P.S. Case

                      No. 291 of 2024, subject to the condition as laid down under

                      Section 438 (2) of the Cr.P.C./482(2) of the B.N.S.S., subject to the

                      further conditions:

                                   (i)      The     petitioner     shall   cooperate   in   the

                      investigation/trial.

                                   (ii) One of the bailors will be a family member/close

                      relative.

                                                  (Soni Shrivastava, J)
Trivedi/-
U       T

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