Sunil Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22000 of 2026 Arising Out of PS. Case No.-6 Year-2026 Thana- EXCISE JAGDISHPUR District- Bhojpur ====================================================== Sunil Rai S/o- Kishor Rai R/v- Bahilwara Pandey Tola Ps- Saraiya DistMuzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Nitu Kumari For the Opposite Party/s :

Mr. Gulnar Begum ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 09-04-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The present application has been filed seeking regular bail in connection with Excise(Utpad) Jagdishpur P.S. Case No. 6 of 2026, registered for offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, 4752 liters of illicit liquor have been recovered from the truck. The petitioner is in custody since 13.01.2026 and claims clean antecedent.

4. Learned counsel for the petitioner submits that the petitioner is merely the driver of the said vehicle and not its owner, and he had no knowledge regarding the consignment loaded on the truck. He also submits that the petitioner undertakes to donate a sum of Rs. 25,000/- (Rupees Twenty-

Patna High Court CR. MISC. No.22000 of 2026(3) dt.09-04-2026 2/3 Five Thousand only) to a charitable organization, without prejudice to his defence and without admitting guilt.

5. Learned APP for the State has opposed the prayer for bail.

6. Having considered the facts and circumstances of the case, the period of custody, and the submissions advanced on behalf of the parties, the application for bail is allowed.

7. Accordingly, the petitioner is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand only) with two sureties of the like amount each to the satisfaction of the learned Court concerned where the case is pending/successor court in connection with Excise (Utpad) Jagdishpur P.S. Case No. 6 of 2026, subject to the following conditions:

(I). The petitioner shall deposit a sum of Rs. 25,000/- (Rupees Twenty-Five Thousand only) with Ramakrishna Mission Sevashrama, Swami Vivekananda Path, Bela, Muzaffarpur, Bihar , and shall produce a valid receipt thereof before the court below. The bail bonds shall be accepted only after verification of the genuineness of the said receipt.

(ii). The petitioner shall mark his attendance at Saraiya Police Station on every 1st Sunday of each month. In the event of default, the bail bonds shall be liable to be cancelled.

(iii). At the time of acceptance of bail

Patna High Court CR. MISC. No.22000 of 2026(3) dt.09-04-2026 3/3 bonds, the court below shall verify the antecedents of the petitioner. The bail bonds shall be accepted only upon confirmation that the petitioner has no criminal antecedent. However, such verification shall not be used as a ground to unnecessarily delay acceptance of the bail bonds.

8. The Senior Superintendent of Police, Muzaffarpur, is directed to ensure the arrest of the main accused, namely Chandan Singh, stated to be the owner of the consignment of liquor, if he has not already been arrested.

9. The copy of the driving license produced by the learned counsel for the petitioner is taken on record.

10. Let a copy of this order be communicated to the Senior Superintendent of Police, Muzaffarpur through FAX or e-mail for immediate compliance.

11. It is made clear that any observation made herein is prima facie in nature and limited solely for the purpose of adjudication of the present bail application. Such observations shall not be construed as an expression on the merits of the case and shall not influence the trial or any other proceedings in any manner.

(Sandeep Kumar, J) Shishir/- U T