Patna High Court
Sunil Kumar SahversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PURNENDU SINGH
Holding
The High Court granted pre‑arrest bail to the petitioner subject to the stipulated bond and sureties.
Summary
Sunil Kumar Sah was arrested in connection with the alleged recovery of 11.54 litres of illicit foreign liquor from his house, under Section 30(a) of the Bihar Prohibition and Excise Act. He contended that the case was false, motivated by personal enmity, and that other members of his joint family might have hidden the liquor. The State opposed his request for pre‑arrest bail. The High Court, noting the family circumstances and the State's failure to implement its liquor policy, granted pre‑arrest bail subject to a bond of Rs.10,000 with two sureties and directed the district court to verify any prior criminal antecedents. The order will lapse automatically if any undisclosed case is found, and the bail application was disposed of.
Issues considered
- Whether the petitioner is entitled to pre‑arrest bail in a case under Section 30(a) of the Bihar Prohibition and Excise Act.
- Whether the circumstances of a joint family and alleged false case justify granting bail.
- Whether the High Court may impose conditions under Section 482(2) of the Code of Criminal Procedure.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482(2)
Subjects
- pre‑arrest bail
- illicit liquor
- Bihar Prohibition and Excise Act
- Section 30(a)
- joint family
- false case allegation
- Section 482(2) CrPC
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8276 of 2026
Arising Out of PS. Case No.-230 Year-2025 Thana- EXCISE BAARSOI District- Katihar
======================================================
Sunil Kumar Sah, aged about 35 years, Gender-Male, S/O Late Gaur Sah,
R/O Village- Bhogaon, Ward no. 03, P.S.- Kadwa, District- Katihar.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Praveen Kumar, Advocate
For the Opposite Party/s : Mr. Mritunjay Kumar Nirala, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
2 17-02-2026 Heard Mr. Praveen Kumar, learned counsel
appearing on behalf of the petitioner and Mr. Mritunjay Kumar
Nirala, learned APP for the State.
2. The petitioner seeks pre-arrest bail in connection
with Barsoi Excise P.S. Case No. 230 of 2025 registered for the
offence punishable under Section 30 (a) of the Bihar Prohibition
and Excise Act as amended up-to-date.
3. Allegation is of recovery of 11.54 litres of illicit
foreign liquor from the Baramdah of the house of the petitioner.
4. Learned counsel appearing on behalf of the
petitioner submits that due to enmity, the petitioner has been
planted in a false case. Petitioner has no concern with the
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alleged seized liquor nor he is involved in trade of liquor in any
manner. He further submitted that that petitioner resides in a
joint family and some other members of the family may have
hid the liquor. On these grounds, petitioner seeks to be released
on pre-arrest bail.
5. Learned APP for the State has vehemently opposed
the prayer for grant of pre-arrest bail to the petitioner.
6. Considering the rival submissions made on behalf
of the parties, as well as, the fact that petitioner resides in a joint
family and some other members of the family may have hid the
liquor and also the fact that the State has failed to implement its
liquor policy in its true spirit, the petitioner, above named, is
directed to be released on pre-arrest bail, in the event of his/her
arrest or surrender before the learned District Court within a
period of four weeks from today, on furnishing bail bond of Rs.
10,000/- (Rupees Ten Thousand) with two sureties of the like
amount each to the satisfaction of the learned District Court
where the case is pending, in connection with Barsoi Excise P.S.
Case No. 230 of 2025, subject to the condition as laid down
under Section 482(2) of the BNSS.
7. The learned District Court is directed to verify
the criminal antecedent of the petitioner as stated in
paragraph no. 3 of the bail application. If any other case is
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pending against the petitioner as what has been stated in
paragraph no. 3, this order will lose its force automatically.
8. The present bail application is disposed of.
(Purnendu Singh, J)
Niraj/-
U T
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