Sunil Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45833 of 2026 Arising Out of PS. Case No.-72 Year-2026 Thana- SAHIYARA District- Sitamarhi ====================================================== Sunil Kumar S/o Ramnaresh Yadav R/o Village - Banchauri Malikana, PS - Dumra, District - Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Ms. Meena Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 13-07-2026 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Sahiyara PS Case No. 72 of 2026 instituted for the offences under Section/s 30(a) of the Bihar Prohibition and Excise Act and Section 317(5) of the Bharatiya Nyaya Sanhita, 2023. 3.

The prosecution case, in short, is that 1170 liters liquor was recovered from two cars.

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 no concern with the alleged recovery of liquor. It is submitted

Patna High Court CR. MISC. No.45833 of 2026(2) dt.13-07-2026 2/3 that name of the petitioner has surfaced in this case as being passenger of the vehicle in question and he was oblivious of the fact that illicit liquor was laden in the vehicle. The petitioner is in custody since 13.05.2026 and has got two criminal antecedent/s. There is no compliance of Section 103 of the BNSS, 2023. Other co-accused has been granted bail by this Court vide order dated 23.06.2026, passed in Cr. Misc. No. 39803 of 2026.

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 Sahiyara PS Case No. 72 of 2026, subject to the following conditions: (I) One of the bailors shall be own/close member of the family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two

Patna High Court CR. MISC. No.45833 of 2026(2) dt.13-07-2026 3/3 consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) Raj Kishore/- U T