Patna High Court
Suraj Kumar @ Suraj YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court granted bail to the petitioner, finding no sufficient ground to deny it.
Summary
The petitioner, Suraj Kumar, was arrested in connection with a case involving the seizure of 7,555.68 liters of foreign liquor from a tempo and warehouse, alleged under Sections 30(a), 32(2), 32(3), 36, 41(1) and 41(2) of the Bihar Prohibition and Excise Act. He contended that he was merely the driver, had no knowledge of the goods, and that no incriminating material was found in his possession; he also highlighted his clean record and the alleged non‑compliance with Section 103 of the BNSS, 2023. The State opposed bail, arguing the seriousness of the offences. The Court examined the facts, the length of custody since 16‑11‑2025, and the lack of direct evidence against the petitioner, and found no reason to deny bail. Consequently, the Court ordered his release on bail upon furnishing a bond of Rs.15,000 with two sureties, subject to framing of charge if not already done.
Issues considered
- Whether bail should be granted to the petitioner under the provisions of the Bihar Prohibition and Excise Act and related procedural law.
- Whether the petitioner’s role as driver and lack of knowledge of the contraband negate the risk of flight or tampering with evidence.
- Whether the prosecution complied with Section 103 of the BNSS, 2023, a prerequisite for bail.
Legislation cited
- BNSS, 2023 — s. 103
Subjects
- bail
- foreign liquor
- prohibition and excise
- driver liability
- Section 103 BNSS
- criminal procedure
- possession
- clean antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1409 of 2026
Arising Out of PS. Case No.-369 Year-2025 Thana- DIDARGANJ District- Patna
======================================================
Suraj Kumar @ Suraj Yadav S/o Ramsagar Yadav Resident of - Harnichak,
P.S - Beur, District - Patna, Pin - 800002
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Hemant Kumar Karn, Adv.
For the Opposite Party/s : Mr. Surendra Prasad Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 19-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with Didarganj
PS Case No. 369 of 2025 instituted for the offences under
Sections 30(a), 32(2), 32(3), 36, 41(1), 41(2) of the Bihar
Prohibition and Excise Act.
3. The prosecution case, in short, is that 7555.68 liters of
foreign liquor was recovered from a tempo and warehouse.
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
no concern with the alleged recovery of liquor. Learned counsel
Patna High Court CR. MISC. No.1409 of 2026(2) dt.19-01-2026
2/2
for the petitioner submits that the petitioner is the driver of the
vehicle in question and he has no knowledge regarding the
nature of goods kept in the vehicle and further recovery has also
been made from an open place which is accessible to one and all
and petitioner has been implicated in this case by the police with
ulterior motive. The petitioner is in custody since 16.11.2025
and has got clean criminal antecedent. There is no compliance
of Section 103 of the BNSS, 2023.
5. Learned A.P.P. 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, after framing of
charge, if not already framed, on furnishing bail bonds of
Rs.15,000/- (Fifteen thousand) with two sureties of the like
amount each to the satisfaction of Court below/concerned Court
in connection with Didarganj PS Case No. 369 of 2025.
(Rudra Prakash Mishra, J)
Siddharth Soni/-
U T
Checking your session…