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Patna High Court

Suraj Kumar @ Suraj PaswanversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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