Sunil Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24980 of 2026 Arising Out of PS. Case No.-13 Year-2021 Thana- Excise P.S. District- Gaya ====================================================== Sunil Prasad S/O Late Arjun Ram R/O Vill.- Fatehganj Tekari Road, P.sKotwali, District - Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nafisu Zzoha, Advocate For the Opposite Party/s :

Mr.Surendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 29-04-2026 Heard learned Counsel for the petitioner and learned APP for the State.

2. The petitioner is apprehending arrest in connection with Gaya Excise P.S. Case No. 13 of 2021 registered on 10.01.2021 for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.

3. As per prosecution, total recovery of 21.7 liters illicit liquor, loaded on a motorcycle, is the subject matter of the present case.

4. It is submitted by the learned counsel for the petitioner that the petitioner is innocent and has committed no offence. It is contended that no recovery has been made from the conscious possession of the petitioner; rather, his implication in the present case is solely on the ground that the alleged

Patna High Court CR. MISC. No.24980 of 2026(2) dt.29-04-2026 2/2 recovery was effected from a vehicle registered in his name. It is further submitted that the petitioner had handed over the said motorcycle to another person and was not aware of any transportation of illicit liquor using the said vehicle. It is also submitted that the petitioner has a clean criminal antecedent.

5. Learned APP for the State opposes the prayer for bail of the petitioner and submits that the antecedent of the petitioner is clean.

6. In the facts and circumstances, let the above named petitioner be released on bail, in the event of arrest or surrender before the Trial Court within a period of four weeks from today, on furnishing bail bond of ₹30000/- (thirty thousand) as mentioned in Section 2(1) (d) of the Bharatiya Nagrik Suraksha Sanhita, 2023 to the satisfaction of the Exclusive Special Judge, Excise-III, Gaya, in connection with the aforementioned case, subject to the conditions as laid down under Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023.

(Dr. Anshuman, J) Ashwini/- U T