Patna High Court
Sunny Kumar GillversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
The petitioners are entitled to bail in the present case.
Summary
The petitioners, Sunny Kumar Gill (co‑driver) and Md. Ekbal (driver), were arrested in connection with the seizure of 4,651.80 litres of foreign liquor and 500 cartons of mustard oil from a truck. They were charged under Sections 274, 275, 3(5) of the BNS and Sections 30(a), 32(1), 41(1) of the Bihar Prohibition & Excise Act, 2022. The petitioners contended that they had no knowledge of the illicit liquor, had no prior criminal record, and that the seizure violated mandatory procedural requirements. The State opposed bail. Considering the alleged procedural lapse in the seizure and the petitioners' clean antecedent, the Court ordered that they be released on bail upon furnishing a bond of Rs.10,000 with two sureties.
Issues considered
- Whether the petitioners are entitled to bail despite the serious nature of the offences under the Bihar Prohibition & Excise Act and BNS.
- Whether the alleged violation of mandatory provisions of search and seizure warrants bail.
- Whether the petitioners' lack of knowledge and clean criminal record justify bail.
Legislation cited
- Bihar Narcotic Substances (BNS) — s. 274, 275, 3(5)
- Bihar Prohibition & Excise Act, 2022 — s. 30(a), 32(1), 41(1)
Subjects
- bail
- search and seizure
- procedural violation
- foreign liquor
- prohibition law
- excise law
- driver
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35814 of 2026
Arising Out of PS. Case No.-200 Year-2026 Thana- MAHUA District- Vaishali
======================================================
1. Sunny Kumar Gill Son of Nasib Chand Resident of Village- Talwandi
Bharo, P.S.- Nakodar, District- Jalandhar, State- Punjab
2. Md. Ekbal @ Mo. Ikbal Son of Late Md. Mokhtar Resident of Village-
Unnaonagar, P.S.- Kotwali, District- Unnao, State- Uttarpradesh
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Pramod Kumar Singh, Advocate
For the Opposite Party/s : Mr.Rana Randhir Singh, APP
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
2 08-06-2026 Heard learned counsel for the petitioners and
learned APP for the State, through virtual mode.
2. A prayer for bail has been made on behalf of the
petitioners in connection with Mahua P.S. Case No. 200 of
2026, registered under Sections 274, 275, 3(5) of the BNS and
30(a), 32(1), 41(1) of the Bihar Prohibition & Excise Act, 2022.
3. Allegation in the F.I.R is that 4651.80 litres of
Indian made Foreign Liquor and also 500 cartons of mustard oil
was recovered from the truck bearing Registration No.
UP78CN5259.
4. Learned counsel for the petitioners submit that
petitioner no. 1 is the co-driver while petitioner no.2 is the
driver of the said truck. They have no knowledge that illicit
Patna High Court CR. MISC. No.35814 of 2026(2) dt.08-06-2026
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liquor was carried in the said truck. There is no independent
witness to the seizure list indicating violation of mandatory
provisions of search and seizure. The petitioners have no
criminal antecedent and they are in custody since 19.03.2026.
5. The application for bail is opposed by learned APP
for the State.
6. Taking into consideration the aforesaid facts and
circumstances of the case and also considering the violation of
mandatory provisions of sizure and that they have no criminal
antecedent, the petitioners are directed to be enlarged on bail in
connection with Mahua P.S. Case No. 200 of 2026, on
furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with
two sureties of the like amount each to the satisfaction of the
learned Court concerned where the case is pending/successor
Court.
(Soni Shrivastava, J)
Harsh/-
U T
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