Patna High Court
Sunny Kumar @ Shunny Kumar @ Sagar SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court granted bail to the petitioner subject to a bond and specified conditions.
Summary
The petitioner, Sunny Kumar, was arrested on 24-12-2025 in connection with the seizure of 122.25 litres of foreign liquor and alleged offences under Section 303(2) of the Bihar Narcotic Substances Act and Sections 30(a) and 41 of the Bihar Prohibition and Excise Act. He contended that he was falsely implicated, asserting that the liquor was recovered from a vehicle he neither owned nor drove and that nothing was found in his possession or residence. The State opposed bail, arguing that the petitioner had fled the scene, had a similar pending case, and posed a flight risk. The court examined the allegations, the lack of direct possession, and the petitioner’s claim of innocence, and found no sufficient ground to deny bail. Consequently, the court granted bail on a bond of Rs.10,000 with two sureties and imposed conditions regarding cooperation, presence, non‑tampering with evidence, and verification of criminal antecedents.
Issues considered
- Whether bail should be granted to the petitioner despite allegations of involvement in illegal liquor seizure and alleged flight risk
- Whether the petitioner’s lack of direct possession or ownership of the vehicle and liquor negates the necessity for continued custody
Legislation cited
- Bihar Narcotic Substances Act — s. 303(2)
Subjects
- bail
- illegal liquor seizure
- Bihar Prohibition and Excise Act
- Bihar Narcotic Substances Act
- flight risk
- false implication
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21325 of 2026
Arising Out of PS. Case No.-829 Year-2025 Thana- RAJIVNAGAR District- Patna
======================================================
Sunny Kumar @ Shunny Kumar @ Sagar Singh S/o Shambhu Prasad
Resident of - Dumri Obra, P.S - Obra, District - Aurangabad
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Rahul Raj, Advocate
: Mr.Akhauri Kamal Kishore Sahay, Advocate
For the Opposite Party/s : Mr.Ahmad Ali, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 01-04-2026 Heard Mr.Rahul Raj,learned counsel for the
petitioner and Mr.Ahmad Ali, learned A.P.P. for the State.
2. The petitioner seeks bail, who is in custody since
24.12.2025 in connection with Special Case No.2105/2025
arising out of Rajiv Nagar P.S. Case No. 829 of 2025, F.I.R.
dated 23.12.2025 registered for the offence punishable under
Sections 303(2) of BNS and Sections 30(a),41 of Bihar
Prohibition and Excise Act.
3. Recovery is of 122.25 liters of foreign liquor.
4. Learned counsel appearing for the petitioner
submits that the petitioner has falsely been implicated in the
present case on the basis of suspicion. As per allegation in the
FIR, the apprehended co-accused persons have disclosed that
Patna High Court CR. MISC. No.21325 of 2026(2) dt.01-04-2026
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the petitioner and other co-accused persons have fled away from
the place of occurrence. Further submits that it appears from the
FIR as well as the seizure list that nothing has been recovered
from conscious possession or the house of the petitioner rather
the recovery has been made from the Car in question and
petitioner is neither the owner nor the driver of the vehicle in
question and petitioner has no concern at all with the alleged
recovery of illicit liquor or the Car in question and the police,
after investigation, submitted chargesheet against the petitioner
and the petitioner is in custody since 24.12.2025.
5. Learned APP for the State has opposed the prayer
for bail of the petitioner and submits that the petitioner has fled
away from the place of occurrence, apart from that, the
petitioner carries one more case of similar nature other than the
present one but he fairly submits that the petitioner is on bail in
the said case, as mentioned in para-3 of the bail petition.
6. Considering the aforesaid fact, let the petitioner,
above named, 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 Special Judge, Excise-I, Patna
in connection with Special Case No.2105/2025 arising out of
Rajiv Nagar P.S. Case No. 829 of 2025,with the following
Patna High Court CR. MISC. No.21325 of 2026(2) dt.01-04-2026
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conditions:-
(I) Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the Court
and shall remain physically present as directed by the Court and
on his/her absence on two consecutive dates without sufficient
reason, his/her bail bond shall be cancelled by the Court below.
(II) If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to move
for cancellation of bail.
(III) And, further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage, it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Nitesh/-
U T
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