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Patna High Court

Sunny KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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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