Allowed¶23

Sunil Ray @ Sunil Kumar v. The State of Bihar

Patna HC28 Jan 2026CR. MISC./4052/2026

Case brief

AI extract

What is this about?

Bail granted; recovery of 1000 liters spirit from pick-up vehicle; Sections 274, 275 Indian Penal Code; Section 30(a) Bihar Prohibition and Excise Act; Section 103 B.N.S.S., 2023 non-compliance alleged; Deoria P.S. Case No. 212 of 2025; District Muzaffarpur; petitioner in custody since 12.12.2025; one criminal antecedent; parity with co-accused granted bail (Annexure-P/2); bail bonds Rs.15,000 with two like sureties; Sunil Ray @ Sunil Kumar; counsel Manoj Kumar; APP Braj Kishore Pd.; Justice Rudra Prakash Mishra; Patna High Court CR. MISC. No.4052 of 2026; decision date 28-01-2026.

What did the court decide?

Release on bail on furnishing bail bonds of Rs.15,000/- (Fifteen thousand) with two sureties of the like amount each to the satisfaction of the Court below/concerned Court in connection with Deoria P.S. Case No. 212 of 2025. ¶23

Sunil Ray @ Sunil Kumar Vs The State of Bihar — Patna HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioner, arraigned in Deoria P.S. Case No. 212 of 2025 for offences under Sections 274, 275 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, is entitled to be released on bail.

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Court's answer

Considering the facts and circumstances of the case and the period of custody undergone by the petitioner, the Court is inclined to grant bail to the petitioner.

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Ratio / Principle

The petitioner is to be released on bail on furnishing bail bonds of Rs.15,000/- with two sureties of the like amount each, to the satisfaction of the Court below/concerned Court, in connection with Deoria P.S. Case No. 212 of 2025.

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Detailed headnote1 paragraphs

Bail granted — Patna High Court (Hon'ble Mr. Justice Rudra Prakash Mishra), Criminal Miscellaneous No. 4052 of 2026, decided 28-01-2026: Petitioner Sunil Ray @ Sunil Kumar sought bail in Deoria P.S. Case No. 212 of 2025 (arising out of P.S. Dewaria, District Muzaffarpur), instituted for offences under Sections 274, 275 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, where 1000 liters of spirit was allegedly recovered from a pick-up vehicle. Counsel for the petitioner submitted that the petitioner was innocent, that nothing incriminating was recovered from his conscious possession, that his name transpired on the disclosure of an apprehended co-accused, that he was neither owner nor driver of the vehicle, that he was in custody since 12.12.2025 with one criminal antecedent, that there was no compliance of Section 103 of B.N.S.S., 2023, and that a co-accused had already been granted bail by the same Bench vide Annexure-P/2. Learned APP opposed the bail prayer. Considering the facts and circumstances of the case and the period of custody undergone, the Court granted bail on furnishing bail bonds of Rs.15,000/- with two sureties of the like amount each to the satisfaction of the Court below.

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.4052 of 2026

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Arising Out of PS. Case No.-212 Year-2025 Thana- DEWARIA District- Muzaffarpur

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======================================================

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Sunil Ray @ Sunil Kumar S/O Satrughan Rai @ Satrudhan Ray R/O Vill.Madhopur Bujurg, P.S.- Deoria, Dist.- Muzaffarpur.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance :

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For the Petitioner/s : Mr.Manoj Kumar, Advocate For the Opposite Party/s : Mr.Braj Kishore Pd.(App)

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======================================================

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CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA

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ORAL ORDER

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2 28-01-2026

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Heard learned counsel for the petitioner and learned APP for the State.

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The petitioner seeks bail in Deoria P.S. case No. 212 of 2025 instituted for the offences under Sections 274, 275 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act.

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The prosecution case, in short, is that 1000 liters spirit was recovered from pick-up vehicle.

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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

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Patna High Court CR. MISC. No.4052 of 2026(2) dt.28-01-2026 2/2

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further submitted that the name of the petitioner has transpired on the basis of disclosure made by apprehended co-accused. The petitioner is neither the owner nor the driver of the vehicle in question. The petitioner has got no concern with sale and purchase of illegal liquor. The petitioner is in custody since 12.12.2025 and has got one criminal antecedent. There is no compliance of Section 103 of B.N.S.S., 2023. Co-accused has been granted bail by this Bench vide Annexure-P/2 to this application.

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Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

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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.

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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 Deoria P.S. case No. 212 of 2025.

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(Rudra Prakash Mishra, J)

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Pankaj/- U T

Sunil Ray @ Sunil Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Sunil Ray @ Sunil Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

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Parties & counsel

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