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Patna High Court

Sunil Rai @ Sunil kumar @ Sonil KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court is inclined to grant bail to the petitioner, subject to monetary sureties and conditions of appearance.

Summary

The petitioner, Sunil Rai, was arrested in connection with a case involving the alleged possession and destruction of large quantities of illicit liquor and related equipment, charged under Sections 274, 275 and 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Section 30(a) of the Bihar Prohibition and Excise Act. The prosecution claimed recovery of 101 litres of country‑made liquor, gas cylinders, a stove and the destruction of 3000 litres of semi‑fermented liquor, while the petitioner asserted innocence, stating no incriminating material was found on him and that his name was supplied by a local chowkidar. The petitioner also highlighted the lack of compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023 and his three prior criminal antecedents. The State opposed bail, but the Court, considering the circumstances and the period of custody, decided to grant bail subject to monetary sureties and conditions of appearance. The order released the petitioner on bail with a bond of Rs. 15,000 and two sureties, imposing conditions for family surety and mandatory court appearances.

Issues considered

  • Whether bail should be granted to the petitioner despite the seriousness of the offences and his prior criminal antecedents
  • Whether the prosecution has complied with the procedural requirements under Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023

Legislation cited

Subjects

  • bail
  • criminal procedure
  • liquor offences
  • prohibition law
  • Bharatiya Nyaya Sanhita
  • Bihar Prohibition and Excise Act

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.5480 of 2026
                      Arising Out of PS. Case No.-253 Year-2025 Thana- AURAI District- Muzaffarpur
                 ======================================================
                 Sunil Rai @ Sunil kumar @ Sonil Kumar Son of Ramdayal Ray R/o Village-
                 Chainpur, P.S.- Aurai, District- Muzaffarpur
                                                                        ... ... Petitioner/s
                                                     Versus
                 The State of Bihar
                                                                 ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Arinjay Kumar, Advocate
                 For the Opposite Party/s :        Ms.Rina Sinha, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   31-01-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner seeks bail in connection with Aurai

                   P.S. Case No. 253 of 2025, instituted for the offences punishable

                   under Sections 274, 275, and 3(5) of the Bharatiya Nyaya

                   Sanhita, 2023 and Section 30(a) of the Bihar Prohibition and

                   Excise Act.

                                3. The prosecution case, in short, is that total 101

                   liters of country made liquor as well as gas cylinders and stove

                   was recovered. It is alleged that 3000 litres semi fermented was

                   destroyed.

                                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
Patna High Court CR. MISC. No.5480 of 2026(2) dt.31-01-2026
                                            2/3




          the conscious possession of the petitioner. The petitioner has got

          no concern with the alleged recovery of liquor. The alleged

          recovery of liquor has been made from unidentified place and

          petitioner has no concerned with that place. The name of the

          petitioner has been disclosed by the local Chowkidar. The

          petitioner is in custody since 29.11.2025 and has got three

          criminal antecedents. 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 Aurai P.S. Case No.

          253 of 2025, subject to the following conditions:

                       (I) One of the bailors shall be own/close member of

          the family of the petitioner.

                       (II) The petitioner shall appear on each and every date

          fixed at the trial. In case of default in such appearance on two
           Patna High Court CR. MISC. No.5480 of 2026(2) dt.31-01-2026
                                                       3/3




                     consecutive dates, the Trial Court will have liberty to cancel the

                     bail bonds of the petitioner.



                                           (Rudra Prakash Mishra, J)
manish/-

U      T


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