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Patna High Court

Sunil SahversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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
                                            2/3




          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
              Patna High Court CR. MISC. No.22142 of 2026(2) dt.08-04-2026
                                                          3/3




                        Police Station will result in cancellation of bail bonds of the

                        petitioner.



                                                   (Sandeep Kumar, J)
tusharika/-

U       T


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