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Patna High Court

Sunny Kumar @ Sunni KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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
                                                        3/3




                      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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