Patna High CourtCR. MISC./1090/2026bail granted

Sunil Kumar v. The State Of Bihar

2026-01-19Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1090 of 2026 Arising Out of PS. Case No.-383 Year-2025 Thana- Excise Thana Hajipur District- Vaishali ====================================================== Sunil Kumar S/o Surendra Chaudhary R/o Village - Ward No. 1, Sadullapur, P.O - Hajipur, P.S - Gangabridge, District - Vaishali ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shabina Talat, Adv.

For the Opposite Party/s :

Mr. Sangeeta Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 19-01-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Hajipur Excise PS Case No. 383 of 2025 instituted for the offences under Section 30(a), 32(3) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that 269.28 liters of foreign liquor was recovered from the car and bathroom adjacent to the house of the petitioner.

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.1090 of 2026(2) dt.19-01-2026 2/2 no concern with the alleged recovery of liquor. Learned counsel for the petitioner submits that the recovery has been made from the car and bathroom adjacent to the house of the petitioner but both are commonly used by the other family members of the petitioner. The petitioner is in custody since 04.12.2025 and has got clean criminal antecedent. There is no compliance of Section 103 of the BNSS, 2023.

5. Learned A.P.P. 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/- (Fifteen thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Hajipur Excise PS Case No. 383 of 2025.

(Rudra Prakash Mishra, J) Siddharth Soni/- U T