Patna High Court
Sunil KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court granted bail to the petitioner.
Summary
The petitioner, Sunil Kumar, was arrested in connection with a case (Riga P.S. Case No. 393 of 2025) alleging possession of 368.4 liters of liquor in his Scorpio car, contravening Section 30(a) of the Bihar Prohibition and Excise Act. He claimed innocence, stating he had no knowledge of the liquor and that no incriminating material was found in his personal possession. The petitioner had been in custody since 4 December 2025 and had no prior criminal record. The State opposed bail, but the court noted the lack of direct evidence, the petitioner’s clean antecedents, and the non‑application of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. Consequently, the court granted bail on a bond of Rs. 15,000 with two sureties of equal amount.
Issues considered
- Whether bail should be granted to the petitioner under the circumstances of the case.
- Whether the requirements of Section 30(a) of the Bihar Prohibition and Excise Act and Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, justify denial of bail.
Legislation cited
Subjects
- bail
- prohibition
- excise
- liquor seizure
- Section 30(a)
- Section 103
- Bihar
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3526 of 2026
Arising Out of PS. Case No.-393 Year-2025 Thana- RIGA District- Sitamarhi
======================================================
Sunil Kumar S/o Ram Naresh Prasad @ Lal Babu Ray Resident of Village-
Banchauri, P.S.- Dumra, District- Sitamarhi
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Alok Kumar Jha, Advocate
For the Opposite Party/s : Mr. Nagendra Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 19-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with Riga
P.S. Case No. 393 of 2025, instituted for the offences punishable
under Section 30(a) of the Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that 368.4 liters
liquor was recovered from Scorpio car.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
present case. No incriminating material has been recovered from
the conscious possession of the petitioner. The petitioner has got
no concern with the alleged recovery of liquor. Learned counsel
for the petitioner also submits that the petitioner was not
Patna High Court CR. MISC. No.3526 of 2026(2) dt.19-01-2026
2/2
arrested on spot. Name of the petitioner has transpired in this
case as being owner of the car in question and he has got no
knowledge with regard to the nature of goods carried in his
vehicle. The petitioner is in custody since 04.12.2025 and has
got no criminal antecedent. There is no compliance of Section
103 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
5. Learned APP for the State has vehemently opposed
the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances
of the case and the period of custody undergone by the
petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail on furnishing
bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two
sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with Riga P.S. Case No.
393 of 2025.
(Rudra Prakash Mishra, J)
Rajorshi/-
U T
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