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Patna High Court

Sunil KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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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