Patna High Court
Sunil Kumar @ Sunil SahaniversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court held that bail should be granted, subject to a bond and conditions, due to procedural non‑compliance and the petitioner’s claim of innocence.
Summary
The petitioner, Sunil Kumar, was arrested on 19 February 2026 in connection with a case involving the alleged illegal possession of 74 litres of country-made liquor, alleged under Section 30(a) of the Bihar Prohibition & Excise Amendment Act, 2022. He contended that he was falsely implicated, arguing that the seizure was made from his motorcycle and that the seizure list witnesses were police officers, indicating non‑compliance with Sections 103 and 105 of the Bihar Narcotic Substances (BNSS) Act, 2023. The State opposed bail, noting the petitioner’s involvement in two other pending cases, though he was already on bail in those matters. The court, considering the alleged procedural lapses and the petitioner’s claim of innocence, granted bail on a bond of Rs.10,000 with two sureties and imposed conditions regarding cooperation, presence, and non‑tampering with evidence. The bail order also directed verification of the petitioner’s criminal antecedents, with provisions for cancellation if misrepresented.
Issues considered
- Whether bail should be granted in view of alleged non‑compliance with Sections 103 and 105 of the BNSS Act, 2023.
- Whether the petitioner’s involvement in other pending cases precludes bail in the present matter.
- Whether the seizure of liquor from the petitioner’s motorcycle establishes sufficient grounds for continued detention.
Subjects
- bail
- prohibition law
- excise
- liquor seizure
- BNSS Act
- Section 30(a)
- procedural compliance
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29796 of 2026
Arising Out of PS. Case No.-74 Year-2026 Thana- SUGAULI District- East Champaran
======================================================
Sunil Kumar @ Sunil Sahani S/O Nandlal Sahani @ Amawash Sahani @
Nandlal Sahani R/V- Mehwa, P.S- Sugauli, Distt.- East Champaran.
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Kundan Rathore Alias Kundan Kumar, Advocate.
For the Opposite Party/s : Mr. Jitendra Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 05-05-2026 Heard Mr. Kundan Rathore Alias Kundan Kuma,
learned counsel for the petitioner and Mr. Jitendra Kumar Singh,
learned APP for the State.
2. Petitioner seeks bail, who is in custody since
19.02.2026, in connection with Sugauli P.S. Case No. 74 of
2026, F.I.R. dated 18.02.2026 registered for the offences
punishable under Sections 30(a) of the Bihar Prohibition &
Excise Amendment Act, 2022.
3. Recovery is of 74.00 litres of country made liquor.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and he has been falsely implicated in the
present case. He further submits that it appears from the F.I.R.
as well as seizure list that recovery has been made from the
motorcycle in question and petitioner has no role at all in the
Patna High Court CR. MISC. No.29796 of 2026(2) dt.05-05-2026
2/3
present occurrence. It appears from the seizure list that seizure
list witnesses are police personnel so there is non-compliance
of Sections 103 and 105 of BNSS, 2023 and the petitioner is in
custody since 19.02.2026.
5. The learned Additional Public Prosecutor for the
State has vehemently opposed the prayer for bail of the
petitioner and submits that the petitioner carries two more cases
other than the present one but fairly submits on the basis of
paragraph-3 of the bail petition that the petitioner is on bail in
the pending matters.
6. Considering the facts and circumstances of the case
and the fact that there is non-compliance of Sections 103 and
105 of the BNSS, 2023, let the petitioner, above named, be
released on bail on furnishing bail bond of Rs. 10,000/- (Rupees
Ten Thousand) with two sureties of the like amount each to the
satisfaction of learned Special Judge Excise Court No. 1, East
Champaran, Motihari in connection with Sugauli P.S. Case No.
74 of 2026, subject to the following conditions :-
(1) 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 absence on two consecutive dates without sufficient
Patna High Court CR. MISC. No.29796 of 2026(2) dt.05-05-2026
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reason, his bail bond shall be cancelled by the Court below.
(2) If the petitioner tampers with the evidence or the
witness, in that case, the prosecution will be at liberty to move
for cancellation of bail.
(3) 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 antecedents, 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)
Ibrar//-
U T
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