Patna High Court
Sunny KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
Bail was granted because the prosecution failed to produce material evidence in the petitioner’s possession and the statutory procedural safeguards were not observed.
Summary
The petitioner, Sunny Kumar, was arrested on 02‑12‑2025 after 147.750 litres of liquor were recovered from an open area near his residence, and he was charged under Section 30(a) of the Bihar Prohibition and Excise Act. The petitioner claimed innocence, arguing that no liquor was found in his possession, that the recovery site was publicly accessible, and that his arrest was based merely on suspicion without compliance of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The State opposed bail, contending the seriousness of the offence. The Court examined the lack of incriminating material, the petitioner’s clean record, the duration of custody, and the statutory non‑compliance, and found no compelling reason to deny bail. Consequently, the Court ordered the petitioner’s release on bail upon furnishing a bond of Rs. 15,000 with two sureties of equal amount.
Issues considered
- Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act.
- Whether the arrest complied with the procedural requirements of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Legislation cited
Subjects
- bail
- excise
- prohibition
- Section 30(a)
- Section 103
- suspicion
- custody
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4950 of 2026
Arising Out of PS. Case No.-456 Year-2025 Thana- Daudnagar Excise District- Aurangabad
======================================================
Sunny Kumar S/O Anil Singh R/O Village- Karma Ward No. 05, P.S-
Daudnagar, Distt.- Aurangabad.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ashok Singh, Advocate
For the Opposite Party/s : Mr. Ramesh Chandra, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 29-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
Daudnagar Excise P.S. Case No. 456 of 2025, instituted for the
offences punishable under Section 30(a) of the Bihar Prohibition
and Excise Act.
3. The prosecution case, in short, is that 147.750 liters
liquor was recovered from open place near petitioner’s house
and he was arrested on spot.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
present case. No incriminating material has been recovered from
the conscious possession of the petitioner. The petitioner has got
Patna High Court CR. MISC. No.4950 of 2026(2) dt.29-01-2026
2/2
no concern with the alleged recovery of liquor. Learned counsel
for the petitioner also submits that the alleged recovery has been
made from an open place and the same is easily accessible to the
public at large. It is further submitted that the petitioner has
been arrested only on the basis of suspicion. The petitioner is in
custody since 02.12.2025 and has got no criminal antecedent.
There is no compliance of Section 103 of the Bharatiya Nagarik
Suraksha Sanhita, 2023.
5. Learned APP for the State has vehemently opposed
the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances
of the case and the period of custody undergone by the
petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail on furnishing
bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two
sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with Daudnagar Excise
P.S. Case No. 456 of 2025.
(Rudra Prakash Mishra, J)
Rajorshi/-
U T
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