Patna High Court
Sanny Kumar @ Sunny Kumar @ Sanni KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court held that the recovery of illicit liquor was not prima facie made from the petitioner's possession and therefore granted anticipatory bail.
Summary
The petitioner, Sanny Kumar, was named in an FIR for alleged illegal manufacture and trade of illicit liquor under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2022, with 128.96 litres recovered from two vehicles. He contended that the vehicles did not belong to him, he was not present at the seizure site, and the liquor was not in his conscious possession, arguing that the seizure list lacked independent corroboration. The Additional Public Prosecutor opposed his application for anticipatory bail. The court examined the factual submissions and noted that the recovery did not appear prima facie to be from the petitioner's possession. Consequently, the court directed that the petitioner be released on anticipatory bail, subject to a bond of Rs.10,000 with two sureties, if he surrenders within four weeks, under Section 438(2) of the CrPC and Section 482(2) of the BNSS.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under the circumstances.
- Whether the recovery of illicit liquor establishes a prima facie case of possession against the petitioner.
- Whether the seizure list and police testimony are sufficient to link the petitioner to the alleged offence.
Legislation cited
- Bihar Prohibition and Excise (Amendment) Act, 2022 — s. 30(a)
- BNSS — s. 482(2)
- Criminal Procedure Code (CrPC) — s. 438(2)
Subjects
- anticipatory bail
- illicit liquor
- possession
- seizure
- prohibition act
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.44951 of 2026
Arising Out of PS. Case No.-365 Year-2026 Thana- DARIYAPUR District- Saran
======================================================
Sanny Kumar @ Sunny Kumar @ Sanni Kumar S/o Sharmanand Sah
Resident of Village - Kanakpur, P.S. - Dighwara, District - Saran.
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner : Mr. Adarsh Ranjan, Advocate
For the Opposite Party : Mr. Kanhaiya Kishore (App.100)
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 08-07-2026 Heard learned counsel for the petitioner and
learned Additional Public Prosecutor for the State.
2. The accused/petitioner is named in the FIR and
apprehending his arrest in connection with Dariyapur P.S.
Case No.365 of 2026 registered under Section 30(a) of
Bihar Prohibition and Excise Amendment Act, 2022.
3. Allegation against the petitioner is to engage in
illegal trade/manufacturing of illicit liquor, where there is
recovery of 128.96 litres of IMFL/country-made liquor.
4. It is submitted by learned counsel appearing for
the petitioner that the recovery of alleged illicit liquor was
made from two cars bearing Registration No. BR01DY 2497
Patna High Court CR. MISC. No.44951 of 2026(2) dt.08-07-2026
2/3
and BR01PH 9187. It is also submitted that name of this
petitioner arrayed solely on the disclosure made by
apprehended co-accused, namely, Anil Kumar Ray. It is
further submitted that the said two does not belong to
petitioner and also the petitioner was not present at the
spot. It is also submitted that recovery of illicit liquor was
not made from conscious possession of this petitioner. It is
further argued that the seizure list also appears doubtful
being not supported by independent witnesses rather than by
police personnel. Explaining criminal antecedent, it is
submitted that the petitioner found involved in four more
criminal cases, where he is on bail.
5. Learned APP opposed the prayer of anticipatory
bail to the petitioner.
6. In view of aforesaid factual submissions and by
taking note of the fact as recovery of illicit liquor prima facie
not appears to be made from physical possession of this
petitioner, accordingly, the petitioner, above-named, in the
event of his arrest or surrender in the court below within a
period of four weeks from today, is directed to be released
Patna High Court CR. MISC. No.44951 of 2026(2) dt.08-07-2026
3/3
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 the learned Additional Sessions Judge cum
Exclusive Special Court, Excise Act- 1, Saran at Chapra, in
connection with Dariyapur P.S. Case No.365 of 2026,
subject to the conditions as laid down under Section 438(2)
of the CrPC/under Section 482(2) of the BNSS.
(Chandra Shekhar Jha, J.)
Aniket/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.