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Patna High Court

Sunni Kumar @ Sunny KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioner subject to monetary bond and conditions of appearance.

Summary

The petitioner, Sunni Kumar, was arrested as the driver of a tempo from which 450 litres of liquor were seized, alleged to be a violation of Section 30(a) of the Bihar Prohibition and Excise Act. He contended that he had no knowledge of the contraband, was not the owner of the vehicle, and that no incriminating material was found in his possession. The State opposed bail, while the petitioner argued innocence and highlighted the lack of compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The court considered the facts, the petitioner’s two prior criminal antecedents, and the period of custody since August 5, 2025. Concluding that the circumstances warranted bail, the court ordered his release on a bond of Rs. 15,000 with two sureties and imposed conditions regarding family surety and regular court appearances.

Issues considered

  • Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act.
  • Whether non‑compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, precludes the grant of bail.
  • Whether the accused’s role as a driver without knowledge of the contraband affects the bail decision.

Legislation cited

Subjects

  • bail
  • prohibition law
  • excise
  • Section 30(a)
  • Section 103
  • criminal procedure
  • driver
  • possession
  • court conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.92022 of 2025
                       Arising Out of PS. Case No.-564 Year-2025 Thana- FATEHPUR District- Gaya
                 ======================================================
                 Sunni Kumar @ Sunny Kumar S/O Vishwanath Malakar R/O Village-
                 Kenarchatti, P.S- Wazirganj, Distt.- Gaya.

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Vishwa Ranjan Choudhary, Advocate
                 For the Opposite Party/s :       Mr. Rana Randhir Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   19-01-2026                     Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner seeks bail in connection with

                   Fatehpur P.S. Case No. 564 of 2025, instituted for the offences

                   punishable under Section 30(a) of the Bihar Prohibition and

                   Excise Act.

                                3. The prosecution case, in short, is that 450 liters

                   liquor was recovered from tempo and the petitioner was arrested

                   on spot.

                                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

                   the conscious possession of the petitioner. The petitioner has got
Patna High Court CR. MISC. No.92022 of 2025(2) dt.19-01-2026
                                            2/3




          no concern with the alleged recovery of liquor. Learned counsel

          for the petitioner also submits that the petitioner is not the

          owner of the tempo in question rather he is driver of that vehicle

          and has got no knowledge with regard to the nature of goods

          loaded in the vehicle. The petitioner is in custody since

          05.08.2025 and has got two 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 Fatehpur P.S. Case

          No. 564 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.92022 of 2025(2) dt.19-01-2026
                                                         3/3




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

                       bail bonds of the petitioner.



                                                                   (Rudra Prakash Mishra, J)
Rajorshi/-

U       T


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