Sunny Kumar Gill v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35814 of 2026 Arising Out of PS. Case No.-200 Year-2026 Thana- MAHUA District- Vaishali ====================================================== 1.

Sunny Kumar Gill Son of Nasib Chand Resident of Village- Talwandi Bharo, P.S.- Nakodar, District- Jalandhar, State- Punjab 2.

Md. Ekbal @ Mo. Ikbal Son of Late Md. Mokhtar Resident of VillageUnnaonagar, P.S.- Kotwali, District- Unnao, State- Uttarpradesh ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Rana Randhir Singh, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 08-06-2026 Heard learned counsel for the petitioners and learned APP for the State, through virtual mode.

2. A prayer for bail has been made on behalf of the petitioners in connection with Mahua P.S. Case No. 200 of 2026, registered under Sections 274, 275, 3(5) of the BNS and 30(a), 32(1), 41(1) of the Bihar Prohibition & Excise Act, 2022.

3. Allegation in the F.I.R is that 4651.80 litres of Indian made Foreign Liquor and also 500 cartons of mustard oil was recovered from the truck bearing Registration No. UP78CN5259.

4. Learned counsel for the petitioners submit that petitioner no. 1 is the co-driver while petitioner no.2 is the driver of the said truck. They have no knowledge that illicit

Patna High Court CR. MISC. No.35814 of 2026(2) dt.08-06-2026 2/2 liquor was carried in the said truck. There is no independent witness to the seizure list indicating violation of mandatory provisions of search and seizure. The petitioners have no criminal antecedent and they are in custody since 19.03.2026.

5. The application for bail is opposed by learned APP for the State.

6. Taking into consideration the aforesaid facts and circumstances of the case and also considering the violation of mandatory provisions of sizure and that they have no criminal antecedent, the petitioners are directed to be enlarged on bail in connection with Mahua P.S. Case No. 200 of 2026, on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Court concerned where the case is pending/successor Court.

(Soni Shrivastava, J) Harsh/- U T