Patna High Court
Sunny KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court granted bail to the petitioners, directing them to furnish the prescribed bail bond and sureties.
Summary
The petitioners, Sunny Kumar and Pankaj Kumar, were arrested in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act after 80 litres of country‑made liquor was recovered from a motorcycle. They contended that they neither owned the motorcycle nor had any knowledge of the liquor, and argued that no incriminating material was found on them. The State opposed bail, citing their two prior criminal antecedents and the fact that they had been in custody since 17‑11‑2025. The court noted the lack of compliance with Section 103 of the BNSS, 2023, and the fact that a co‑accused had already been granted bail. Considering these circumstances, the court decided to grant bail to both petitioners, directing them to furnish a bail bond of Rs.15,000 each with two sureties.
Issues considered
- Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act considering the nature of the offence, prior criminal antecedents, and period of custody.
- Whether the non‑compliance with Section 103 of the BNSS, 2023, bars the grant of bail.
Legislation cited
- BNSS, 2023 — s. 103
Subjects
- bail
- prohibition law
- excise
- criminal procedure
- Section 103
- prior antecedents
- liquor seizure
- motorcycle
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5517 of 2026
Arising Out of PS. Case No.-87 Year-2025 Thana- SAHJAHANPUR District- Patna
======================================================
1. Sunny Kumar son of Sulindra Paswan @ Surendra Paswan Resident of
Village- Zafrabad, Ps- Fatuha, Dist- Patna
2. Pankaj Kumar son of Lal Bahadur Paswan Resident of Village- Zafrabad,
Ps- Fatuha, Dist- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shyam Kumar Chaudhary, Advocate
For the Opposite Party/s : Mr. Choubey Jawahar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 29-01-2026 Heard Mr. Shyam Kumar Chaudhary, learned counsel for
the petitioners and Mr. Choubey Jawahar, learned APP for the
State.
2. The petitioners seek bail in connection with
Shahjahanpur PS Case No. 87 of 2025 instituted for the
offences under Section 30(a) of the Bihar Prohibition and Excise
Act.
3. The prosecution case, in short, is that 80 liters
country made liquor was recovered from motorcycle.
4. Learned counsel for the petitioners submits that the
petitioners are innocent and have falsely been implicated in the
present case. No incriminating material has been recovered from
Patna High Court CR. MISC. No.5517 of 2026(2) dt.29-01-2026
2/2
the conscious possession of the petitioners. The petitioners have
got no concern with the alleged recovery of liquor. It is
submitted that petitioners are not the owner of the motorcycle
and they have no concern with the same. The petitioners are in
custody since 17.11.2025 and has got two criminal antecedent/s.
There is no compliance of Section 103 of the BNSS, 2023.
Other co-accused has been granted bail by this Court vide order
dated 17.11.2025, passed in Cr. Misc. No. 77384 of 2025.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of bail to the petitioners.
6. Considering the aforesaid facts and circumstances
of the case and the period of custody undergone by the
petitioners, this Court is inclined to grant bail to the petitioners.
7. Let the petitioners be released on bail on furnishing
bail bonds of Rs.15,000/- (Fifteen thousand) each with two
sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with Shahjahanpur PS
Case No. 87 of 2025.
(Rudra Prakash Mishra, J)
Raj Kishore/-
U T
Checking your session…