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Patna High Court

Sunil KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail is granted to the petitioner subject to specified conditions.

Summary

Sunil Kumar was arrested on 27 May 2026 in connection with a case involving the recovery of 199 litres of illicit liquor, alleged under Section 309 of the Indian Penal Code and Section 47(A) of the Bihar Excise Act, 1915. He filed a bail petition claiming innocence, stating that he was not present at the scene and that the allegations were fabricated, with no material evidence recovered from his possession. The State opposed the bail, noting three other pending cases against him, though he was already on bail in those matters. The Court examined the lack of concrete evidence and the fact that the accusation was based merely on suspicion. Consequently, the Court granted bail on a Rs.10,000 bond with two sureties, imposing conditions of cooperation, appearance, non‑tampering with evidence or witnesses, and verification of criminal antecedents.

Issues considered

  • Whether bail should be granted when the accusation is based solely on suspicion and no material evidence is recovered from the accused
  • Whether the existence of other pending cases affects the grant of bail in the present case

Legislation cited

Subjects

  • bail
  • illicit liquor
  • excise law
  • criminal procedure
  • suspicion
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.41563 of 2026
                        Arising Out of PS. Case No.-335 Year-2015 Thana- KOTWALI District- Patna
                 ======================================================
                 Sunil Kumar Son of Biltu Mahto Resident of Village- Sirsiya Bazar, Ward No.
                 7, P.S.- Bela, District- Sitamarhi

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Harsh Anuj, Advocate
                 For the Opposite Party/s :        Mr. Anil Prasad Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   30-06-2026                      Heard Mr. Harsh Anuj, learned counsel for the

                   petitioner and Mr. Anil Prasad Singh, learned APP for the State.

                                2. Petitioner seeks bail, who is in custody since

                   27.05.2026, in connection with Special Case No. 6573 of 2021

                   arising out of Kotwali P.S. Case No. 335 of 2015, F.I.R. dated

                   06.07.2015 registered for the offences punishable under Section

                   309 of the Indian Penal Code and Section 47 (A) of the old

                   Excise Act (Bihar Excise Act 1915).

                                3. Recovery is of 199.00 litres of illicit liquor.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and he has been falsely implicated in the

                   present case. He further submits that the allegation as alleged in

                   the F.I.R. is false and fabricated and the petitioner has not

                   committed any offence as alleged in the F.I.R. As per allegation in
Patna High Court CR. MISC. No.41563 of 2026(2) dt.30-06-2026
                                            2/3




          the F.I.R, the petitioner fled away from the place of occurrence.

          He further submits that in fact the petitioner was not present at the

          place of occurrence and he has been made accused in the present

          case on the basis of suspicion and except the suspicion, nothing

          cogent material has come during investigation to suggest the

          involvement of the petitioner in the present occurrence. The

          petitioner is in custody since 27.05.2026.

                       5. The learned Additional Public Prosecutor for the

          State has vehemently opposed the prayer for bail of the petitioner

          and submits that the petitioner carries three more cases other than

          the present one but fairly submits on the basis of paragraph-3 of

          the bail petition that the petitioner is on bail in the pending

          matters.

                       6. Considering the facts and circumstances of the case

          and the fact that nothing has been recovered from the conscious

          possession of the petitioner and he has been made accused merely

          on the basis of suspicion, let the petitioner, above named, be

          released on bail on furnishing bail bond of Rs. 10,000/- (Rupees

          Ten Thousand) with two sureties of the like amount each to the

          satisfaction of       learned      Special Excise Judge 1 st, Patna in

          connection with Special Case No. 6573 of 2021 arising out of

          Kotwali P.S. Case No. 335 of 2015, subject to the following

          conditions :-
               Patna High Court CR. MISC. No.41563 of 2026(2) dt.30-06-2026
                                                           3/3




                                      (1) Petitioner shall co-operate in the trial and shall be

                         properly represented on each and every date fixed by the Court

                         and shall remain physically present as directed by the Court and on

                         his absence on two consecutive dates without sufficient reason, his

                         bail bond shall be cancelled by the Court below.

                                      (2) If the petitioner tampers with the evidence or the

                         witness, in that case, the prosecution will be at liberty to move for

                         cancellation of bail.

                                      (3) And, further condition that the court below 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 below shall take step 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 verification.



                                                                       (Rajesh Kumar Verma, J)
Ibrar//-

U          T


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