Patna High Court
Suraj KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court inclined to grant bail to the petitioner.
Summary
Suraj Kumar was arrested in connection with a case (Benibad P.S. Case No. 12 of 2026) alleging violation of Section 30(a) of the Bihar Prohibition and Excise Act after 354.240 litres of liquor were recovered from an auto. The petitioner contended that he was falsely implicated, was merely a passenger and not the owner or driver, and that no incriminating article was found in his possession; he also highlighted his clean record and the lack of compliance with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023. The State opposed his bail application. Considering the circumstances, the court found merit in the petitioner's claim of false implication and the short period of custody, and therefore ordered his release on bail with a bond of Rs. 15,000 and two sureties of equal amount.
Issues considered
- Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act given the alleged facts of false implication and lack of possession.
- Whether the requirements of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, have been complied with in the bail application.
Legislation cited
- Bharatiya Nagarika Suraksha Sanhita, 2023 — s. 103
- Bihar Prohibition and Excise Act — s. 30(a)
Subjects
- bail
- prohibition law
- excise
- false implication
- criminal procedure
- Section 30(a)
- Section 103
- Patna High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11950 of 2026
Arising Out of PS. Case No.-12 Year-2026 Thana- Benibad District- Muzaffarpur
======================================================
Suraj Kumar Son of Raghuvir Raut Resident of Village - Baruari, P.S.-
Benibad, District - Muzaffarpur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Priyesh Kumar, Advocate
For the Opposite Party/s : Mr. Manoj Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 23-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with Benibad
P.S. Case No. 12 of 2026 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 354.240
litres of liquor was recovered from auto.
4. Learned counsel for the petitioner submitted that the
petitioner has falsely been implicated in the present case. No
incriminating article has been recovered from the conscious
possession of the petitioner. Learned counsel further submitted
that petitioner is neither owner nor driver of the vehicle in
question, and as matter of fact, he is only the passenger. Learned
Patna High Court CR. MISC. No.11950 of 2026(2) dt.23-02-2026
2/2
counsel further submitted that petitioner has no concern with the
alleged recovery of liquor. The petitioner is in custody since
01.02.2026 and has no 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 petitioner.
6. Considering the aforesaid facts and circumstances of
the case as also 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 Benibad P.S. Case
No. 12 of 2026.
(Rudra Prakash Mishra, J)
Alok Verma/-
U T
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