Patna High Court
Sunil SahversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court granted bail to the petitioner with specified conditions.
Summary
The petitioner, Sunil Sah, was arrested in connection with the seizure of 180 litres of illicit Nepali Saufi wine from a tempo, alleged to violate sections 30(a) and 32(c) of the Bihar Prohibition & Excise Act. He applied for regular bail, claiming innocence, noting two prior criminal antecedents, and stating he had been in custody since 25‑02‑2026 without fault. The petitioner offered to donate Rs.25,000 to a charitable organization without pleading guilty. The State opposed the bail. The High Court, after considering the facts and submissions, allowed the bail application, directing the petitioner to furnish a bail bond of Rs.10,000 with two sureties, deposit Rs.25,000 with the Ramakrishna Mission, and appear every Sunday at the local police station, failing which bail would be cancelled.
Issues considered
- Whether regular bail should be granted to the accused under sections 30(a) and 32(c) of the Bihar Prohibition & Excise Act.
- Whether the conditions imposed (donation, sureties, regular police attendance) are lawful and appropriate.
Subjects
- bail
- excise
- prohibition
- illicit liquor
- regular bail
- Bihar Prohibition & Excise Act
- court conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22142 of 2026
Arising Out of PS. Case No.-179 Year-2026 Thana- EXCISE PUPRI District- Sitamarhi
======================================================
Sunil Sah s/O- Late Kailash Sah Resident of village-Fatehpur,Ward no 04,
Sitamarhi, Ps- Bhutani old Sursand, District- Sitamarhi
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Dwij Raj, Advocate
For the Opposite Party/s : Mr.Lakshmi Kant Sharma, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 08-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks regular bail in connection with
Pupri Excise P.S. Case No. 179 of 2026 registered for the
offence under sections 30(a), 32(c) of the Bihar Prohibition &
Excise Act.
3. The recovery is of 180 litres of illicit Nepali Saufi
wine from a tempo.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has two criminal antecedents. He
further submits that the petitioner is in custody since 25.02.2026
without any fault.
5. Learned counsel for the petitioner also submits that
the petitioner is ready to donate Rs.25,000/- in some charitable
Patna High Court CR. MISC. No.22142 of 2026(2) dt.08-04-2026
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organization without accepting his guilt.
6. Learned APP appearing for the State opposes the
prayer of the petitioner for grant of bail.
7. Considering the facts and circumstances of the case
as well as the submissions of learned counsel for the petitioner,
this application is allowed.
8. Let the petitioner, above named, be released on bail
upon furnishing bail bonds of Rs.10,000/- (Rupees Ten
Thousand Only) with two sureties of the like amount each to the
satisfaction of learned Special Judge, Exclusive Excise Court
No. II, Sitamarhi/ concerned Court below, in connection with
Pupri Excise P.S. Case No. 179 of 2026.
9. This is also subject to the condition that the
petitioner shall deposit an amount of Rs. 25,000/- in
Ramakrishna Mission Ashrama, Bela, Muzaffarpur and produce
the receipt of the same before the Court below. The bail bonds
of the petitioner shall be accepted after verifying the
genuineness of the receipt produced by the petitioner.
10. As a condition of this order, the petitioner after
being released on bail, is directed to mark his attendance at
Bhutahi (Old-Sursand) Police Station, District- Sitamarhi on
every Sunday of the month. Any default in appearance at the
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Police Station will result in cancellation of bail bonds of the
petitioner.
(Sandeep Kumar, J)
tusharika/-
U T
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