Sunny Kumar @ Shanni Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.87254 of 2025 Arising Out of PS. Case No.-354 Year-2025 Thana- Excise P.S. District- Samastipur ====================================================== 1.

Sunny Kumar @ Shanni Kumar Singh Son of Ramashray Singh Resident of Village- Chandauli Ward No 5, PS- Vaini Dist- samastipur 2.

Krishna Kumar son of Kamlesh Jha Resident Of Village- Raghunathpur Bela, Ward no. 15, Ps- Karpurigram, Dist- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Ms. Indu Kumari Srivastava, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 18-12-2025 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners seek bail in connection with Sadar Excise P.S. Case No. 354 of 2025 instituted for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that total 584.820 litres of liquor was recovered from two cars.

4. Learned counsel for the petitioners submitted that the petitioners have falsely been implicated in the present case. No incriminating article has been recovered from the conscious possession of the petitioners. Learned counsel further submitted

Patna High Court CR. MISC. No.87254 of 2025(2) dt.18-12-2025 2/3 that petitioners are not the owner of the vehicles in question. It is further submitted that petitioner no.1 is the driver of the Quanta car whereas petitioner no. 2 is the cleaner and both the petitioners have got no concern with the loaded articles/liquor. The petitioners are in custody since 13.11.2025. Petitioner no. 1 has no criminal antecedent whereas petitioner no. 2 has one criminal antecedent. There is no compliance of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioners.

6. Considering the aforesaid facts and circumstances of the case and the period of custody undergone by the petitioners, this Court is inclined to grant bail to the petitioners.

7. Let the petitioners be released on bail on furnishing bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) each with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Sadar Excise P.S. Case No. 354 of 2025, subject to the following conditions: (I) One of the bailors shall be own/close member of the family of the petitioners.

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

Patna High Court CR. MISC. No.87254 of 2025(2) dt.18-12-2025 3/3 two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioners.

(Rudra Prakash Mishra, J) Alok Verma/- U T