Patna High Court
Sunny Kumar @ Sunni KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court granted bail to the petitioner subject to a bond, a charitable donation, verification of clean antecedent, and regular police‑station attendance.
Summary
Sunny Kumar, the driver of a tempo from which 162 litres of illicit Nepali liquor was seized, was charged under Section 30(a) of the Bihar Prohibition & Excise Act. He applied for regular bail, asserting a clean antecedent and claiming he had no involvement with the liquor. The State opposed the bail, but the High Court, after considering the submissions, granted bail on a bond of Rs.10,000 with two sureties, conditioned on a Rs.25,000 donation to a charitable institution, verification of his clean antecedent, and regular attendance at the police station. The court also stipulated that any default in appearance would lead to cancellation of bail. The order was limited to the bail application and did not prejudice the merits of the trial.
Issues considered
- Whether bail should be granted to the accused in a case under Section 30(a) of the Bihar Prohibition & Excise Act
- Whether the petitioner’s claim of non‑involvement and clean antecedent justifies bail
- What conditions may be imposed on bail in such offences
Legislation cited
- Bihar Prohibition & Excise Act — s. 30(a)
Subjects
- bail
- prohibition law
- excise
- illicit liquor
- criminal procedure
- Section 30(a)
- Bihar
- clean antecedent
- court conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.41507 of 2026
Arising Out of PS. Case No.-99 Year-2026 Thana- KALUAHI District- Madhubani
======================================================
Sunny Kumar @ Sunni Kumar S/O Sandeep Paswan R/O Village- Chatra, PS-
Khajauli, Distt- Madhubani
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner : Ms. Kumari Pallavi, Advocate
For the Opposite Party : Mr. Kanhiya Kishor, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 25-06-2026 Heard learned counsel for the petitioner and
learned Additional Public Prosecutor appearing on behalf of the
State.
2. The petitioner seeks regular bail in
connection with Kaluahi P.S. Case No.99 of 2026 registered for
the offence under section 30(a) of the Bihar Prohibition &
Excise Act.
3. About 162 litres of illicit Nepali liquor has
been recovered from a tempo. The petitioner is said to be the
driver of the said tempo.
4. The petitioner is in custody since
30.04.2026. He claims clean antecedent.
5. It has been submitted by learned counsel for
the petitioner that the petitioner was the driver of the tempo car
and he has no concerned with the liquor which has been
Patna High Court CR. MISC. No.41507 of 2026(2) dt.25-06-2026
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recovered from the said tempo.
6. It has also been submitted that the petitioner
is ready to donate Rs.25,000/- in some charitable organization
without accepting his guilt.
7. Learned APP appearing for the State opposes
the prayer for bail of the petitioner.
8. Considering the facts and circumstances of
the case and also the submissions of learned counsel for the
petitioner, this bail application is allowed.
9. Let the petitioner, above named, 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 Exclusive Special Judge, Excise, Madhubani /
concerned Court below, in connection with Kaluahi P.S. Case
No.99 of 2026.
10. At the time of accepting the bail bonds of the
petitioner, the Court below will verify the statement of the
petitioner that he has clean antecedent. The bail bonds of the
petitioner shall only be accepted if it is found that he has clean
antecedent.
11. This is also subject to the condition that the
petitioner shall deposit an amount of Rs.25,000/- in
Patna High Court CR. MISC. No.41507 of 2026(2) dt.25-06-2026
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Ramakrishna Mission Sevashrama, Swami Vivekananda Path,
Bela, Muzaffarpur, and produce the receipt of the same before
the Court below at the time of furnishing bail bonds. The bail
bonds of the petitioner shall only be accepted after verifying the
genuineness of the receipt produced by him.
12. Further, the petitioner shall also mark his
attendance at Khajauli Police Station, District- Madhubani on
first and third Sunday of the month. Any default in appearance
at the Police Station would result in cancellation of bail bonds
of the petitioner.
13. It is, however, clarified that the observations
made herein are limited to the adjudication of the present bail
application and shall not prejudice the case of the petitioner at
any subsequent stage of the trial and this Court has not
expressed any opinion on the merits of the case.
(Sandeep Kumar, J)
pawan/-
U T
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