Patna High Court
Suraj KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court held that bail should be granted to the petitioner with conditions.
Summary
The petitioner, Suraj Kumar, was arrested in connection with a case under Sections 30(a) and 32 of the Bihar Prohibition and Excise Act for allegedly transporting 853.92 litres of liquor. He contended that he was merely the driver, had no knowledge of the goods, and that no incriminating article was found in his possession; he also argued that he was falsely implicated and that the vehicle was not his. The State opposed bail, citing the seriousness of the offence, the petitioner’s prior criminal antecedent, and non‑compliance with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023. The Court, after considering the facts, the period of custody, and the petitioner’s claim of lack of knowledge, decided to grant bail subject to monetary sureties and several conditions. The bail order required the petitioner to appear regularly, not tamper with evidence or intimidate witnesses, and not commit a similar offence, with the trial court empowered to cancel bail on violation.
Issues considered
- Whether bail should be granted to the accused driver in a case under the Bihar Prohibition and Excise Act despite the seriousness of the offence and prior criminal antecedent.
- Whether the non‑compliance of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, bars the grant of bail.
- Whether the petitioner’s claim of lack of knowledge and ownership of the vehicle affects the bail decision.
Legislation cited
- Bharatiya Nagarika Suraksha Sanhita, 2023 — s. 103
- Bihar Prohibition and Excise Act — s. 30(a), 32
Subjects
- bail
- excise
- prohibition
- driver
- possession
- Section 103
- Bihar
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12669 of 2026
Arising Out of PS. Case No.-822 Year-2025 Thana- EXCISE BAGHA District- West
Champaran
======================================================
Suraj Kumar Son of Bhikam Sah Resident of village - Samriman, Ward No.
13, Police Station - Nawalpur, District - West Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Prerna Anand, Advocate
For the Opposite Party/s : Mr. Suresh Prasad Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 24-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with Bagaha
Excise P.S. Case No. 822 of 2025 instituted for the offences
punishable under Sections 30(a), 32 of the Bihar Prohibition and
Excise Act.
3. The prosecution case, in short, is that total 853.92
litres of liquor was recovered from pickup vehicle.
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 not the owner of the vehicle. It is further
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submitted that petitioner is the driver of the vehicle in question
but he had no knowledge regarding the goods loaded in the
vehicle. The petitioner is in custody since 07.12.2025 and 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 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 Bagaha Excise P.S.
Case No. 822 of 2025, subject to the following conditions:
(I) One of the bailors shall be the petitioner’s own or a
close family member.
(II) The petitioner shall appear on each and every date
fixed during the trial and shall not remain absent on two
consecutive dates without sufficient cause.
(III) The petitioner shall not tamper with the
prosecution evidence or influence/intimidate any witness during
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the course of trial.
(IV) The petitioner shall not commit any offence of a
similar nature in future.
In case of violation of any of the aforesaid conditions,
the Trial Court shall be at liberty to cancel the bail bonds of the
petitioner.
(Rudra Prakash Mishra, J)
Alok Verma/-
U T
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