Patna High Court
Sunil KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RITESH KUMAR
Holding
The court granted bail to the petitioner with conditions, finding insufficient evidence of his presence at the scene and no direct link to the seized liquor.
Summary
The petitioner, Sunil Kumar, was implicated in a case under Section 30(a) of the Bihar Prohibition and Excise Act for allegedly storing and delivering liquor in a maize field. The police recovered 82.62 litres of foreign liquor and a motorcycle after an informant’s tip, but the petitioner was not present at the scene. The petitioner argued innocence, claiming the seizure was from an open field and that the motorcycle did not belong to him, and alleged political motivation. The State opposed bail, citing the petitioner’s involvement in another excise case and the risk of repeat offences. After considering the evidence that the petitioner was absent from the location and had no direct link to the seized liquor, the court granted bail on a bond of Rs. 10,000 with two sureties and imposed conditions for verification of his criminal antecedents. The order was made under Section 482(2) of the CrPC.
Issues considered
- Whether the petitioner is entitled to bail in the offence under Section 30(a) of the Bihar Prohibition and Excise Act.
- Whether the petitioner’s prior involvement in another excise case warrants denial of bail.
- Whether the recovery of liquor from an open field establishes the petitioner’s participation in the offence.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
- Criminal Procedure Code — s. 482(2)
Subjects
- bail
- anticipatory bail
- prohibition act
- excise law
- liquor seizure
- criminal antecedent
- Section 30(a)
- Section 482
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35559 of 2026
Arising Out of PS. Case No.-44 Year-2026 Thana- JADIA District- Supaul
======================================================
Sunil Kumar Son of Narayan Yadav Resident of Village- Thakurwadi, Ward
No. 05, P.S.- Jadia, District- Supaul
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Prafull Chandra Thakur, Advocate
For the Opposite Party/s : Ms.Nirmala Kumari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RITESH KUMAR
ORAL ORDER
2 21-05-2026 Heard the learned counsel for the petitioner and
learned APP appearing on behalf of the State.
2. The petitioner apprehends his arrest in connection
with Jadia P.S. Case No. 44 of 2026, for an alleged offence
registered under Section 30(a) of Bihar Prohibition and Excise
Act.
3. As per the prosecution case which has been lodged
on the basis of the written report submitted by the informant to
the effect that he got a secret information that the petitioner and
others were going to deliver liquor and have kept it in a maize
field and bush, 100 meter east of the house of Sahadev Yadav.
To verify the authenticity of the said information the informant
along with police personnel reached at the place of occurrence.
Upon seeing the police party 3-4 persons fled away and despite
Patna High Court CR. MISC. No.35559 of 2026(2) dt.21-05-2026
2/3
effort made by them to catch the persons, they managed to
escape. The local Chowkidar disclosed the names of the persons
who fled away as the petitioner and Mithilesh Kumar. During
search, 10 cartoons of foreign liquor to the tune of 82.620 litre
was recovered from the bushes inside the pit of Sahdev Yadav
and one motorcycle was also recovered.
4. The learned counsel for the petitioner submits that
the petitioner is innocent and has not committed the offence. He
further submits that nothing incriminating has been recovered
from the petitioner, since he was not present at the place of
occurrence. He further submits that the seized motorcycle also
does not belong to the petitioner and due to political rivalry,
petitioner has been implicated in the present case. Further the
recovery has been made from an open field, which is accessible
to all. The petitioner is also an accused in one more case i.e.
Jadia P.S. Case No. 170 of 2023 under the Excise Act.
5. Per contra the learned APP for the State opposes the
prayer of the bail of the petitioner and submits that the petitioner
is accused in one more case under the Excise Act and there is
probability that after his release on anticipatory bail he will
again indulge in the same business.
6. Having heard the rival submissions and after going
Patna High Court CR. MISC. No.35559 of 2026(2) dt.21-05-2026
3/3
through the records it appears that the petitioner was not present
at the place of occurrence. Total 82.620 litres liquor was
recovered from an open place. The petitioner has got no
concerned with the seized liquor. Further the petitioner is
accused in one more case. Considering the above let the
petitioner above named in the event of arrest or surrender within
a period of six weeks, 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 the learned Court of
Exclusive Special Judge- Excise Court – 1, Supaul, in
connection with Jadia P.S. Case No. 44 of 2026, subject to the
conditions as laid down under Section 482(2) of the B.N.S.S.,
with further conditions:
(1) The learned Court concerned 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 concerned shall take steps 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 the verification.
(Ritesh Kumar, J)
vinita/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.