Patna High Court
Survesh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court held that bail must be granted to the petitioner in the case under Section 30(a) of the Bihar Prohibition and Excise Act.
Summary
Survesh Kumar was arrested after police recovered 119.25 litres of liquor from his shop and 1.5 litres from his motorcycle, and he was charged under Section 30(a) of the Bihar Prohibition and Excise Act. The petitioner contended that he was innocent, that the shop was rented and not owned by him, and that no incriminating material was found in his personal possession; he argued that his arrest was based merely on suspicion and that the police failed to comply with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The State opposed bail, citing the seriousness of the offence and the petitioner’s prior criminal antecedent. The court examined the length of custody, the lack of direct evidence, the procedural lapse, and the petitioner’s claim of non‑ownership, and concluded that bail was appropriate. Accordingly, the court granted bail on a bond of Rs.15,000 with two sureties and imposed conditions regarding family surety and regular appearance in court.
Issues considered
- Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act considering the facts of the case and the procedural lapse under Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Legislation cited
Subjects
- bail
- prohibition law
- excise
- liquor possession
- criminal procedure
- Section 30
- Section 103
- Bihar
- High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8220 of 2026
Arising Out of PS. Case No.-543 Year-2025 Thana- LAKHISARAI District- Lakhisarai
======================================================
Survesh Kumar S/o Bhushan Singh R/o vill - Salonachak, P.S.- Lakhisarai,
Distt.- Lakhisarai
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Mukesh Kumar, Advocate
For the Opposite Party/s : Mr. Nityanand, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 10-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
Lakhisarai P.S. Case No. 543 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 119.25 liters
liquor was recovered from the shop of the petitioner along with
1.5 liters liquor was recovered from motorcycle and he was
arrested on spot.
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
Patna High Court CR. MISC. No.8220 of 2026(2) dt.10-02-2026
2/3
no concern with the alleged recovery of liquor. Learned cousnel
for the petitioner also submitted that the petitioner is not the
owner of the shop from where the alleged recovery has been
made rather the shop is a rented one. It is further submitted that
the petitioner has been arrested only on the basis of suspicion.
The petitioner is in custody since 19.12.2025 and has got one
criminal antecedent. There is no compliance of Section 103 of
the Bharatiya Nagarik Suraksha Sanhita, 2023.
5. Learned APP 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/- (Rupees Fifteen Thousand) with two
sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with Lakhisarai P.S. Case
No. 543 of 2025, 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.8220 of 2026(2) dt.10-02-2026
3/3
consecutive dates, the Trial Court will have liberty to cancel the
bail bonds of the petitioner.
(Rudra Prakash Mishra, J)
Rajorshi/-
U T
Checking your session…