Patna High Court

Sunil Ray @ Sunil KumarversusThe State of Bihar

Decided: 28 January 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The Court granted bail to the petitioner, directing release on a bond of Rs.15,000 with two sureties.

Summary

The petitioner, Sunil Ray, was arrested in connection with a case involving the recovery of 1,000 litres of spirit from a pick‑up vehicle, alleged to be offences under IPC Sections 274 and 275 and Section 30(a) of the Bihar Prohibition and Excise Act. He contended that he was neither the owner nor the driver of the vehicle and that his name surfaced only through the statements of a co‑accused, asserting his innocence and lack of any role in the illegal liquor trade. The petitioner had been in custody since 12‑12‑2025 and possessed one prior criminal antecedent, while the prosecution argued against bail. The State opposed the bail application, but the Court noted the absence of incriminating material in the petitioner’s possession, the lack of compliance with Section 103 of the Bihar Narcotic Substances (Suppression) Act, 2023, and the fact that a co‑accused had already been granted bail. Consequently, the Court ordered the petitioner’s release on bail with a bond of Rs.15,000 and two sureties of equal amount.

Issues considered

Whether bail should be granted to the petitioner despite the seriousness of the offences under IPC 274, 275 and the Bihar Prohibition and Excise Act.
Whether the petitioner’s prior criminal antecedent and period of custody preclude bail.
Whether the non‑compliance with Section 103 of the Bihar Narcotic Substances (Suppression) Act, 2023 affects the bail decision.

Legislation cited

Indian Penal Code — s. 274, 275

Subjects

bail
IPC 274
IPC 275
Bihar Prohibition and Excise Act
illegal liquor
criminal procedure
antecedent
surety

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.4052 of 2026
                    Arising Out of PS. Case No.-212 Year-2025 Thana- DEWARIA District- Muzaffarpur
                 ======================================================
                 Sunil Ray @ Sunil Kumar S/O Satrughan Rai @ Satrudhan Ray R/O Vill.-
                 Madhopur Bujurg, P.S.- Deoria, Dist.- Muzaffarpur.

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Manoj Kumar, Advocate
                 For the Opposite Party/s :       Mr.Braj Kishore Pd.(App)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   28-01-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                               2. The petitioner seeks bail in Deoria P.S. case No.

                   212 of 2025 instituted for the offences under Sections 274, 275

                   of the Indian Penal Code and Section 30(a) of the Bihar

                   Prohibition and Excise Act.

                               3. The prosecution case, in short, is that 1000 liters

                   spirit was recovered from pick-up vehicle.

                               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. It is
            Patna High Court CR. MISC. No.4052 of 2026(2) dt.28-01-2026
                                                        2/2




                      further submitted that the name of the petitioner has transpired

                      on the basis of disclosure made by apprehended co-accused. The

                      petitioner is neither the owner nor the driver of the vehicle in

                      question. The petitioner has got no concern with sale and

                      purchase of illegal liquor. The petitioner is in custody since

                      12.12.2025 and has got one criminal antecedent. There is no

                      compliance of Section 103 of B.N.S.S., 2023. Co-accused has

                      been granted bail by this Bench vide Annexure-P/2 to this

                      application.

                                  5. Learned A.P.P. 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/- (Fifteen thousand) with two sureties

                      of the like amount each to the satisfaction of Court

                      below/concerned Court in connection with Deoria P.S. case

                      No. 212 of 2025.



                                            (Rudra Prakash Mishra, J)
Pankaj/-
U       T

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