Patna High Court
Sunil KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
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
- Bihar Excise Act, 1915 — s. 47(A)
- Indian Penal Code — s. 309
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
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.