Patna High Court
Sunil KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court granted bail to the petitioner subject to a bond and specified conditions.
Summary
Sunil Kumar, a driver, was arrested on 10 March 2026 in connection with the seizure of 259.20 litres of foreign liquor from a vehicle and charged under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise (Amended) Act, 2016. He pleaded that the liquor was recovered from the vehicle, not from his conscious possession, and that he has a clean criminal record. The State opposed his bail application. The High Court, noting the absence of evidence of conscious possession and the petitioner's clean antecedent, ordered his release on bail with a bond of Rs.10,000 and two sureties, subject to conditions of cooperation, appearance, and non‑tampering with evidence. The bail bond is to be verified by the Special Excise Court, and any concealment of antecedent may lead to cancellation.
Issues considered
- Whether bail should be granted to the accused driver in a case involving alleged possession of foreign liquor under the Bihar Prohibition and Excise Act.
- Whether the absence of conscious possession and a clean antecedent justify bail.
Subjects
- bail
- excise
- foreign liquor
- possession
- criminal antecedent
- Bihar Prohibition and Excise Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27989 of 2026
Arising Out of PS. Case No.-64 Year-2026 Thana- Excise P.S. District- Saran
======================================================
Sunil Kumar S/o Vishundeo Rai @ Vishun Dev Ray R/o Village - Vishunpur,
P.S - Bidupur, District - Vaishali
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sanjeet Kumar Singh, Advocate
For the Opposite Party/s : Ms.Meena Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 27-04-2026 Heard Mr.Sanjeet Kumar Singh, learned counsel for
the petitioner and Ms.Meena Singh, learned A.P.P. for the State.
2. The petitioner seeks bail, who is in custody since
10.03.2026 in connection with Sadar Excise P.S. Case No. 64 of
2026, F.I.R. dated 09.03.2026 registered for the offence
punishable under Sections 30(a)/32(3) of Bihar Prohibition and
Excise Amended Act, 2016 (Amendment Act, 2018).
3. Recovery is of 259.20 liters of foreign liquor.
4. Learned counsel appearing for the petitioner
submits that the petitioner has clean antecedent. Further submits
that it appears from the FIR as well as the seizure list that
nothing has been recovered from conscious possession of the
petitioner rather the recovery has been made from the vehicle in
quesiton and altogether 259.20 liters of foreign liquor was
Patna High Court CR. MISC. No.27989 of 2026(2) dt.27-04-2026
2/3
recovered from the vehicles in quesiton and the petitioner is
driver of one of the vehicles in question i.e. TUV Car bearing
Registration No. BR01PJ9974 and petitioner has no concern at
all with the alleged recovery of illicit liquor and seizure list
witnesses are police personnel and the petitioner is in custody
since 10.03.2026.
5. Learned APP for the State has opposed the prayer
for bail of the petitioner.
6. Considering the aforesaid fact and petitioner has
clean antecedent, 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 3rd Exclusive Special Excise Court, Saran at Chapra in
connection with Sadar Excise P.S. Case No. 64 of 2026, with the
following 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
Patna High Court CR. MISC. No.27989 of 2026(2) dt.27-04-2026
3/3
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
Checking your session…