Patna High Court
Sunil RaiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court granted bail to the petitioner subject to specified monetary and attendance conditions.
Summary
The petitioner, Sunil Rai, a driver, was arrested on 13 January 2026 in connection with the seizure of 4,752 litres of illicit liquor under Section 30(a) of the Bihar Prohibition and Excise Act. He claimed to have no knowledge of the contraband and a clean antecedent, offering to donate Rs. 25,000 to a charitable organization. The State opposed bail, but the court, after considering the custody period, the petitioner’s role as merely a driver, and his willingness to comply with conditions, granted regular bail. The bail was conditioned on a Rs. 10,000 bond with two sureties, a Rs. 25,000 donation to Ramakrishna Mission Sevashrama, monthly attendance at the police station, and verification of his antecedents. The court also directed the police to arrest the alleged main accused, Chandan Singh, the consignment owner.
Issues considered
- Whether the driver, alleged to have transported illicit liquor, is entitled to regular bail under Section 30(a) of the Bihar Prohibition and Excise Act.
- Whether the conditions imposed by the court are appropriate and sufficient to ensure the petitioner’s compliance and the interests of justice.
Subjects
- bail
- excise
- illicit liquor
- driver
- Section 30(a)
- Bihar Prohibition and Excise Act
- regular bail
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22000 of 2026
Arising Out of PS. Case No.-6 Year-2026 Thana- EXCISE JAGDISHPUR District- Bhojpur
======================================================
Sunil Rai S/o- Kishor Rai R/v- Bahilwara Pandey Tola Ps- Saraiya Dist-
Muzaffarpur
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Nitu Kumari
For the Opposite Party/s : Mr. Gulnar Begum
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 09-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The present application has been filed seeking
regular bail in connection with Excise(Utpad) Jagdishpur P.S.
Case No. 6 of 2026, registered for offences punishable under
Section 30(a) of the Bihar Prohibition and Excise Act.
3. As per the prosecution case, 4752 liters of illicit
liquor have been recovered from the truck. The petitioner is in
custody since 13.01.2026 and claims clean antecedent.
4. Learned counsel for the petitioner submits that the
petitioner is merely the driver of the said vehicle and not its
owner, and he had no knowledge regarding the consignment
loaded on the truck. He also submits that the petitioner
undertakes to donate a sum of Rs. 25,000/- (Rupees Twenty-
Patna High Court CR. MISC. No.22000 of 2026(3) dt.09-04-2026
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Five Thousand only) to a charitable organization, without
prejudice to his defence and without admitting guilt.
5. Learned APP for the State has opposed the prayer
for bail.
6. Having considered the facts and circumstances of
the case, the period of custody, and the submissions advanced
on behalf of the parties, the application for bail is allowed.
7. Accordingly, the petitioner is directed to be released
on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten
Thousand only) with two sureties of the like amount each to the
satisfaction of the learned Court concerned where the case is
pending/successor court in connection with Excise (Utpad)
Jagdishpur P.S. Case No. 6 of 2026, subject to the following
conditions:
(I). The petitioner shall deposit a sum of
Rs. 25,000/- (Rupees Twenty-Five Thousand only)
with Ramakrishna Mission Sevashrama, Swami
Vivekananda Path, Bela, Muzaffarpur, Bihar , and
shall produce a valid receipt thereof before the
court below. The bail bonds shall be accepted only
after verification of the genuineness of the said
receipt.
(ii). The petitioner shall mark his
attendance at Saraiya Police Station on every 1st
Sunday of each month. In the event of default, the
bail bonds shall be liable to be cancelled.
(iii). At the time of acceptance of bail
Patna High Court CR. MISC. No.22000 of 2026(3) dt.09-04-2026
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bonds, the court below shall verify the antecedents
of the petitioner. The bail bonds shall be accepted
only upon confirmation that the petitioner has no
criminal antecedent. However, such verification
shall not be used as a ground to unnecessarily
delay acceptance of the bail bonds.
8. The Senior Superintendent of Police, Muzaffarpur,
is directed to ensure the arrest of the main accused, namely
Chandan Singh, stated to be the owner of the consignment of
liquor, if he has not already been arrested.
9. The copy of the driving license produced by the
learned counsel for the petitioner is taken on record.
10. Let a copy of this order be communicated to the
Senior Superintendent of Police, Muzaffarpur through FAX or
e-mail for immediate compliance.
11. It is made clear that any observation made herein
is prima facie in nature and limited solely for the purpose of
adjudication of the present bail application. Such observations
shall not be construed as an expression on the merits of the case
and shall not influence the trial or any other proceedings in any
manner.
(Sandeep Kumar, J)
Shishir/-
U T
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