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Patna High Court

Sunny Kumar @ Shunny Kumar @ Sagar SinghversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                                           3/3




                         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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