Patna High Court
Sunil Kumar @ SunilversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court inclined to grant bail to the petitioners, subject to monetary and procedural conditions.
Summary
The petitioners, Sunil Kumar and Rakesh Kumar, drivers of a truck from which 5,236.2 litres of liquor was seized, were charged under Section 30(a) of the Bihar Prohibition and Excise Act and several provisions of the Bharatiya Nyaya Sanhita, 2023. They contended that they had no knowledge of the nature of the goods, had no prior criminal record, and that the prosecution had not complied with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The State opposed the bail application. Considering the length of custody, lack of antecedents and the petitioners’ claim of innocence, the Court granted bail subject to a bond of Rs 15,000 each, two sureties, and conditions of appearance, non‑tampering with evidence and non‑intimidation of witnesses. The bail may be cancelled if any condition is breached.
Issues considered
- Whether bail should be granted to the accused drivers despite the seriousness of the liquor seizure offence.
- Whether the absence of compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, warrants denial of bail.
- Whether the petitioners’ lack of prior criminal record and claim of no knowledge of the contraband justify bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 103
- Bharatiya Nyaya Sanhita, 2023 — s. 318(4), 336(3), 338, 340(2), 3(5)
Subjects
- bail
- prohibition law
- excise
- Bharatiya Nyaya Sanhita
- Bihar Prohibition and Excise Act
- liquor seizure
- criminal procedure
- driver liability
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.87539 of 2025
Arising Out of PS. Case No.-81 Year-2025 Thana- Mathurapur District- Samastipur
======================================================
1. Sunil Kumar @ Sunil S/o Rajendra Singh Resident of Village - Udaishipur,
P.S.- Ganour, District - Sonipat (Hariyana)
2. Rakesh Kumar @ Rakesh S/o Dharampal Singh Resident of Village -
Udaishipur, P.S.- Ganour, District - Sonipat (Hariyana)
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Raju Kumar Singh, Advocate
For the Opposite Party/s : Ms.Pronoti Singh, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
3 10-03-2026 Heard learned counsel for the petitioners and learned
APP for the State. Perused the case diary.
2. The petitioners seek bail in connection with
Mathurapur P.S. Case No. 81 of 2025, instituted for the offences
punishable under Section 30(a) of the Bihar Prohibition and
Excise Act and u/s 318(4), 338, 336(3), 340(2) and 3(5) of the
Bharatiya Nyaya Sanhita, 2023.
3. The prosecution case, in short, is that total 5236.2
liters liquor was recovered from truck (container).
4. Learned counsel for the petitioners submits that the
petitioners are innocent and have falsely been implicated in the
present case. Charge-sheet has been submitted in this case. No
Patna High Court CR. MISC. No.87539 of 2025(3) dt.10-03-2026
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incriminating material has been recovered from the conscious
possession of the petitioners. The petitioners have got no
concern with the alleged recovery of liquor. The petitioner no.1
is the driver and petitioner no.2 is the assistant driver of the
alleged vehicle and they have no knowledge regarding nature of
goods loaded on the said vehicle. The petitioners are in custody
since 14.10.2025 and have 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 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 after
framing of charge, if not already framed on furnishing bail
bonds of Rs. 15,000/- (Rupees Fifteen Thousand) each with two
sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with Mathurapur P.S.
Case No. 81 of 2025, subject to the following conditions:
(I) One of the bailors shall be the petitioners’ own or
close member.
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(II) The petitioners shall appear on each and every
date fixed during the trial and shall not remain absent on two
consecutive dates without sufficient cause.
(III) The petitioners shall not tamper with the
prosecution evidence or influence/intimidate any witness during
the course of trial.
In case of violation of any of the aforesaid conditions,
the Trial Court shall be at liberty to cancel the bail bonds of the
petitioners.
(Rudra Prakash Mishra, J)
manish/-
U T
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