Patna High Court
Suraj Kumar @ Suraj PaswanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court granted anticipatory bail to the petitioner, subject to a bond and sureties, under Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023.
Summary
Suraj Kumar (also known as Suraj Paswan) sought anticipatory bail after learning that he might be arrested in connection with a case (PS 269/2025) for alleged contravention of Section 30(a) of the Bihar Prohibition and Excise Act, wherein 241.92 litres of liquor were seized from a vehicle. The prosecution’s case rests on a confessional statement of co‑accused Akash Kumar, but the petitioner contended that he neither owned the vehicle nor had any involvement, has no criminal record, and that the investigation failed to comply with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023. The State opposed the bail. The Court, after considering the lack of a prima facie case and procedural lapses, granted anticipatory bail subject to a bond of Rs 15,000 and two sureties, imposing conditions under Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023.
Issues considered
- Whether anticipatory bail can be granted to the petitioner under Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023 in the absence of a prima facie case.
- Whether the prosecution has established a prima facie case against the petitioner based on the co‑accused’s confession.
- Whether the investigation complied with the procedural requirements of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023.
Legislation cited
- Bharatiya Nagarika Suraksha Sanhita, 2023 — s. 103, 482(2)
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- Bharatiya Nagarika Suraksha Sanhita
- Section 30(a)
- Section 103
- Section 482(2)
- confessional statement
- procedural compliance
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14116 of 2026
Arising Out of PS. Case No.-269 Year-2025 Thana- AWTARNAGAR District- Saran
======================================================
Suraj Kumar @ Suraj Paswan S/o- Sanjay Paswan @ Palpal @ Sanjay Dutt
Paswan Village- Lawkushpur, P.S.- Chapra Muffashil, District- Saran at
Chapra
... ... 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.Md. Anzarul Haque Sahara, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 25-02-2026 Heard learned counsel for the petitioner and learned APP
for the State.
2. The petitioner apprehends his arrest in connection
with Awtarnagar P.S. Case No. 269 of 2025, instituted for the
offences under Section 30(a) of the Bihar Prohibition and Excise
Act.
3. The prosecution case, in short, is that total 241.920
litres of liquor was recovered from car.
4. Learned counsel for the petitioner submitted that
the petitioner has falsely been implicated in the present case.
The name of the petitioner transpired in this case on the basis of
confessional statement of co-accused Akash Kumar. The
petitioner has got no concern with the alleged recovery of
liquor. The petitioner is not the owner of the said vehicle. The
Patna High Court CR. MISC. No.14116 of 2026(2) dt.25-02-2026
2/2
petitioner has no criminal antecedent. There is no compliance of
Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023.
Learned counsel for the petitioner, therefore, contends that
prima-facie no case is made out against the petitioner.
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, let the petitioner above named, in the event of
arrest/surrender before the learned Court below within a period
of six weeks from today, be released on anticipatory bail 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 Awtarnagar P.S.
Case No. 269 of 2025, subject to the conditions as laid down
under Section 482(2) of the Bharatiya Nagarika Suraksha
Sanhita, 2023.
(Rudra Prakash Mishra, J)
manish/-
U T
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