Patna High Court
Sunny kumarversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The court held that anticipatory bail could not be granted due to the seriousness of the offences, the large quantity of illicit liquor seized, and the petitioners' prior similar criminal antecedents.
Summary
The petitioners, Sunny Kumar and Sonu Kumar, applied for anticipatory bail fearing arrest in a case alleging offences under Sections 112 and 317(5) of the Bihar Narcotic Substances Act and Sections 30(a) and 41(1) of the Bihar Prohibition and Excise Act. The prosecution alleged that 369 litres of illicit Nepali liquor were recovered from three motorcycles, and the petitioners were implicated based solely on statements of co‑accused, with no liquor found in their possession. The petitioners contended they were neither owners nor drivers of the vehicles and maintained their innocence. The State opposed bail, highlighting the large quantity of seized liquor and the petitioners' prior similar criminal antecedents (three for petitioner 1 and two for petitioner 2). Considering the seriousness of the alleged offences, the volume of illicit liquor seized, and the petitioners' criminal history, the court rejected the anticipatory bail application.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under the facts of the case
- Whether the presence of prior criminal antecedents and the large quantity of seized illicit liquor preclude anticipatory bail
- Whether reliance on statements of co‑accused, without possession of the contraband, is sufficient to justify denial of bail
Legislation cited
- Bihar Narcotic Substances Act — s. 112, 317(5)
Subjects
- anticipatory bail
- illicit liquor
- Bihar Prohibition and Excise Act
- criminal antecedents
- seizure
- bail denial
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5200 of 2026
Arising Out of PS. Case No.-388 Year-2024 Thana- GHORASAHAN District- East
Champaran
======================================================
1. Sunny kumar Son of Pramod singh Resident of village- Lala tola Laukhan,
Ps- Ghorasahan, Dist- East Chamaparan
2. Sonu Kumar son of Pramod Singh Resident of village- Lala tola Laukhan,
Ps- Ghorasahan, Dist- East Chamaparan
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioners : Mr. Abhishek Kumar, Advocate
For the State : Mr. Gauri Shankar Gupta, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 11-02-2026 Heard learned counsel appearing on behalf of the
petitioners and learned A.P.P. appearing on behalf of the State.
2. The petitioners apprehend their arrest in a case
registered for the offence punishable under Sections 112 and
317(5) of the B.N.S. and Sections 30(a) and 41(1) of the Bihar
Prohibition and Excise Act.
3. As per prosecution case, 369 litres illicit Nepali
liquor was recovered from three different motorcycles.
4. It is submitted by learned counsel appearing on
behalf of the petitioners that petitioners are quite innocent and
have committed no offence. Petitioners are neither owner nor
driver of the vehicles in question and have been made an
Patna High Court CR. MISC. No.5200 of 2026(2) dt.11-02-2026
2/2
accused in this case merely on the basis of disclosure made by
apprehended co-accused persons. Nothing has been recovered
from the conscious possession of this petitioner.
5. On the other hand, learned A.P.P. for the State has
vehemently opposed the prayer for grant of anticipatory bail to
the petitioners and submitted that huge quantity of liquor was
recovered from the seized vehicles. Petitioner No. 1 has got
three criminal antecedents of similar nature and Petitioner No. 2
has got two criminal antecedents of similar nature.
6. Considering the nature of accusation, recovery of
huge quantity of illicit liquor from the seized vehicles and fact
that petitioners have got criminal antecedents of similar nature,
the prayer for grant of anticipatory bail to the petitioners is
rejected.
(Prabhat Kumar Singh, J)
shashank/-
U T
Checking your session…