Patna High Court

Sunny Deval Kumar @ BarunversusThe State of Bihar

Decided: 23 April 2026
Disposal: ALLOWED
Bench: ASHOK KUMAR PANDEY

Holding

The Court granted regular bail to the petitioner with conditions.

Summary

The petitioner, Sunny Deval Kumar, sought regular bail in a case where 66.7 litres of illicit foreign liquor were seized from a motorcycle under Section 30(a) of the Bihar Prohibition and Excise Act. He claimed he was merely standing near the seized vehicle, had no possession of the liquor, and was falsely implicated; he also argued that the police failed to comply with Section 105 of the BNSS during the seizure. The State opposed bail, noting the petitioner’s three prior similar offences and his continued judicial custody since 20 March 2026. After hearing both sides, the Court granted bail on the condition that the petitioner not engage in similar offences, requiring a bail bond of Rs. 10,000 with two sureties. The order was directed to the Exclusive Excise Special Judge, Excise Court No. 2, Buxar.

Issues considered

Whether the petitioner is entitled to regular bail under Section 30(a) of the Bihar Prohibition and Excise Act despite alleged involvement in the seizure.
Whether the alleged non‑compliance with Section 105 of the BNSS by the police affects the bail application.
Impact of the petitioner’s prior similar convictions on the grant of bail.

Legislation cited

BNSS — s. 105

Subjects

bail
prohibition law
excise
illicit liquor
seizure
procedural lapse
prior convictions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.27337 of 2026
                   Arising Out of PS. Case No.-12 Year-2026 Thana- Ramdas Rai Ka Dera District- Buxar
                 ======================================================
                 Sunny Deval Kumar @ Barun, S/o- Ajay Yadav Singh, Resident of village-
                 Gopal Dera PS- Naya Bhojpur, District- Buxar

                                                                                    ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Mohit Shriwastava, Advocate
                 For the Opposite Party/s :        Mr. Rajendra Prasad Nat, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   23-04-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for regular bail in

                   connection with Ramdas Rai Ka Dera P.S. Case No. 12 of 2026

                   registered for the offence punishable under Section 30(a) of the

                   Bihar Prohibition and Excise Act.

                                3. The case of the prosecution, in short, is that

                   altogether 66.7 liters of illicit foreign liquor was recovered from

                   a motorcycle.

                                4. Learned counsel appearing on behalf of the

                   petitioner has submitted that petitioner is innocent and has

                   committed no offence. He has been falsely implicated in this

                   case. Petitioner has no concern in any way with the alleged

                   motorcycle and liquor. His name has been surfaced because he
            Patna High Court CR. MISC. No.27337 of 2026(2) dt.23-04-2026
                                                        2/2




                      was standing near the seized motorcycle. He also submits that

                      nothing has been recovered from the possession of the

                      petitioner. The witnesses of the seizure list are police personnel

                      and the police has not complied with Section 105 of the BNSS

                      while making the seizure. Petitioner has three criminal

                      antecedents of similar nature. Moreover, the petitioner is

                      languishing in judicial custody since 20.03.2026.

                                   5. The application for regular bail is opposed by

                      learned APP for the State.

                                   6. Having heard learned counsel for the parties and

                      considering the facts and circumstances of the case, this Court is

                      inclined to enlarge the petitioner on bail with the condition

                      that the petitioner shall not indulge himself in similar nature

                      of offence in future. The above named petitioner is directed to

                      be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs.

                      ten thousand only) with two sureties of the like amount each to

                      the satisfaction of the learned Exclusive Excise Special Judge,

                      Excise Court No. 2, Buxar, in connection with Ram Das Rai Ka

                      Dera P.S. Case No. 12 of 2026.


                                            (Ashok Kumar Pandey, J)
khushbu/-

U      T

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