Sunil Kumar @ Sunil Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18650 of 2026 Arising Out of PS. Case No.-422 Year-2020 Thana- DUMRA District- Sitamarhi ====================================================== Sunil Kumar @ Sunil Paswan Son of Nagendra Paswan R/o village - Balua, P.S.- Dumra, Dist.- Sitamarhi.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Santosh Kumar, Advocate For the Opposite Party/s :

Ms. Sucheta Yadav, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 18-03-2026 Heard Mr. Santosh Kumar, learned counsel for the petitioner and Ms. Sucheta Yadav, learned Additional Public Prosecutor for the State.

2. Petitioner seeks bail who is in custody since 20.12.2025 in connection with Dumra P.S. Case No. 422 of 2020, F.I.R. dated 26.12.2020 for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2018.

3. Recovery is of 1339.890 liters of foreign liquor.

4. Learned counsel for the petitioner submits that petitioner is innocent and he has falsely been implicated in the present case merely on the basis of suspicion. He further submits that it appears from the F.I.R. as well as seizure list that nothing has been recovered from the conscious possession of the petitioner rather the recovery has been made from rickshaw

Patna High Court CR. MISC. No.18650 of 2026(2) dt.18-03-2026 2/3 in question and the petitioner has no concern at all with the alleged recovery of liquor and the petitioner is in custody since 20.12.2025.

5. The learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner and submits that petitioner carries two criminal antecedents of similar nature in which he is on bail in one case and the other case is pending for consideration in the competent court of law.

6. Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Court no.1, Sitamarhi in connection with Dumra P.S. Case No. 422 of 2020, subject to the following conditions:- i. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below. ii. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

Patna High Court CR. MISC. No.18650 of 2026(2) dt.18-03-2026 3/3 iii. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Suruchi/- U T