Patna High Court
Suryakant KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted bail to the petitioners, directing them to furnish a bond of Rs 10,000 each with two sureties.
Summary
The petitioners, Suryakant Kumar and Chandan Kumar, were charged under Sections 30(a), 32(3), 41, 62 and 56(b) of the Bihar Excise Act for allegedly recovering 544.32 litres of liquor from a house rented by them. The prosecution alleged that the liquor was found in an asbestos‑room of Raman Kumar’s premises, but the petitioners were not apprehended at the scene and no liquor was recovered from their possession. The petitioners contended that the landlord was also named in the FIR, indicating that they could not be the sole perpetrators, and they had been in judicial custody since 22 January 2026. The State opposed the bail application, arguing the seriousness of the offences. The Court, after considering the lack of direct possession and the involvement of the landlord, ordered that each petitioner be released on bail upon furnishing a bond of Rs 10,000 with two sureties of the same amount. Consequently, the bail application was allowed.
Issues considered
- Whether bail should be granted to the accused under the Bihar Excise Act given the alleged recovery of liquor and the circumstances of the arrest.
Subjects
- bail
- excise law
- liquor seizure
- criminal procedure
- Bihar Excise Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13072 of 2026
Arising Out of PS. Case No.-1529 Year-2025 Thana- Excise P.S. District- Patna
======================================================
1. Suryakant Kumar S/o- Late Ram Pravesh Ray Resident of Village- Rampur
Shyam Bind, P.S.- Mohanpur, District- Vaishali. At present- Kadamkuan
Park Road, P.S.- Kadamkuan, District- Patna
2. Chandan Kumar S/o- Aandan Kumar R/v- Aahra (Dwarikanath Lane)
Salimpur, Ps- Gandhi Maidan Dist- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Alok Kumar Alok, Advocate
For the Opposite Party/s : Mr. Mukesh Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 25-02-2026 1. Heard learned counsel for the petitioners and
learned A.P.P. for the State.
2. The petitioners seek bail in a case registered for the
offences punishable under Sections 30(a), 32(3), 41, 62 and
56(b) of the Bihar Excise Act.
3. Learned counsel for the petitioners submits that
petitioners have antecedent of one case under the excise act and
allegation is of recovery of 544.32 liters of liquor from asbestos
room of Raman Kumar.
4. Learned counsel for the petitioners submits that
petitioners were not apprehended from the spot as such nothing
was recovered from their conscious possession and even alleged
recovery is from a house which does not belong to the
Patna High Court CR. MISC. No.13072 of 2026(2) dt.25-02-2026
2/2
petitioners and they came to be implicated based on an
allegation that they are renter in the said house, but then it is
submitted that even the landlord was also implicated in the case,
it is thus submitted that had the petitioners been involved in the
occurrence, in the event the landlord would not have been
implicated as an accused in the instant FIR. It is next submitted
that petitioner is in judicial custody since 22.01.2026.
5. Learned A.P.P. for the State opposes the bail
application of the petitioners.
6. Considering the submissions made by the learned
counsel for the petitioners, the petitioners above-named, are
directed to be released on bail on furnishing bail bonds of Rs.
10,000/- (Rupees Ten Thousand) each with two sureties of the
like amount each to the satisfaction of the learned Trial Court
where the case is pending/successor court in connection with
Excise P.S. Case No. 1529 of 2025.
7. Accordingly, the instant bail application stands
allowed.
(Satyavrat Verma, J)
Rishabh/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.