Patna High Court
Sunil Kumar @ Sunil PaswanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The Court granted bail to the petitioner, finding no incriminating article recovered from his possession and deeming the circumstances sufficient for release.
Summary
Sunil Kumar was arrested in connection with the seizure of 611.7 liters of illicit foreign liquor under Section 30(a) of the Bihar Prohibition and Excise Act. The petitioner contended that he was neither the owner nor the driver of the vehicle and that no incriminating article was found in his possession, asserting his innocence. The State opposed his bail application, arguing the seriousness of the offence. The Court, noting the absence of any incriminating material linked to the petitioner and the period of his custody, granted bail. He was released on a bail bond of Rs. 10,000 with two sureties of the same amount, subject to the satisfaction of the Exclusive Special Excise Court.
Issues considered
- What is the appropriateness of granting bail when no incriminating article has been recovered from the accused's possession in a case under Section 30(a) of the Bihar Prohibition and Excise Act?
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
Subjects
- bail
- illicit liquor
- Bihar Prohibition and Excise Act
- Section 30(a)
- criminal procedure
- presumption of innocence
- excise law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20088 of 2026
Arising Out of PS. Case No.-309 Year-2021 Thana- DUMRA District- Sitamarhi
======================================================
Sunil Kumar @ Sunil Paswan Son of Nagendra Paswan R/o village - Balua @
Lagma Tole Jagdishpur, Ward No.- 3, 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 : Ms. Sucheta Yadav, 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
already been submitted and petitioner is in custody since
Patna High Court CR. MISC. No.20088 of 2026(2) dt.01-05-2026
2/2
20.12.2025.
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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