Facts of the Case

The petitioner, Sunil Bhardwaj @ Sunil Kumar @ Sunil Kumar Sharma, sought regular bail before the Patna High Court in connection with Baisi P.S. Case No. 238 of 2019, registered under Sections 30(a), 33, 41 and 47 of the Bihar Prohibition and Excise Act. The prosecution's case arose from recovery of 8,000 litres of spirit from a truck, leading to apprehension of the driver and khalasi, who in turn disclosed the names of other accused, including the petitioner. The petitioner, described as the signatory authority of Pristine Distilleries — stated to be a registered company holding a GST number and regularly paying excise duty as an authorised manufacturer of spirit and liquor — argued he had no role in the company's sale and distribution operations. The GST-registration detail was cited only to show the company's formal, licensed status; it raised no GST-law question.

Issues Involved

  1. Whether the petitioner, who had been in judicial custody since 21.01.2023, was entitled to regular bail.

Petitioner's Arguments

  • He was innocent, was not named in the FIR, and had no connection with the recovered spirit or the place of occurrence; his name surfaced only through disclosure by co-accused persons already apprehended, which has little evidentiary value.
  • He was merely the signatory authority of Pristine Distilleries — a company holding a GST number and paying regular excise duty, authorised by the government to manufacture spirit and liquor — and had no role in its sale and distribution operations.
  • A similarly situated co-accused had already been granted bail by a coordinate Bench, and the petitioner had been in custody since 21.01.2023.

Respondent's Arguments

  • The learned Additional Public Prosecutor opposed the bail application.

Court Order / Findings

  • Considering the facts and circumstances — including parity with a similarly situated co-accused already released on bail and the length of custody — the Court was inclined to enlarge the petitioner on bail.
  • Bail was granted on furnishing a bond of Rs. 10,000/- with two sureties of a like amount, to the satisfaction of the trial court.
  • The order records no findings on GST compliance or registration status — these facts were noted only as part of the petitioner's narrative about the company's lawful, licensed character.

Important Clarification

This is a bail order under the Bihar Prohibition and Excise Act. The GST registration of the distillery is mentioned only as a fact bearing on the petitioner's personal role and the company's formal status — it establishes no principle of GST law and should not be read as such.

Sections Involved

  • Sections 30(a), 33, 41, 47, Bihar Prohibition and Excise Act, 2016
  • Section 439, Code of Criminal Procedure, 1973 (regular bail)

Decision – In Favour of

Decided in favour of the petitioner; regular bail was granted. No GST issue was involved or decided.

Case Details

  • Court: High Court of Judicature at Patna
  • Case No.: Criminal Miscellaneous No. 16877 of 2023
  • Coram: Hon'ble Mr Justice Sunil Kumar Panwar
  • Date of Order: 2 August 2023

Link to Download the Order

Click here to view/download the full order

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