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Patna High Court

Suresh BhagatversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioners.

Summary

The petitioners, Suresh Bhagat and Ravishankar Kumar, were arrested in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act after 62.12 litres of liquor were recovered from a shop. They claimed innocence, alleging that the liquor was planted by police and that no incriminating material was found on them, while also noting a lack of compliance with Section 103 of the Bihar Narcotic Substances (Suppression) Act, 2023. The State opposed bail, but the court considered the length of custody, the petitioners' prior criminal records, and the alleged procedural lapses. The court found the bail application credible and decided to grant bail. Accordingly, each petitioner was ordered to furnish a bail bond of Rs.15,000 with two sureties of the same amount.

Issues considered

  • Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act considering the facts of the case
  • Whether non‑compliance with Section 103 of the Bihar Narcotic Substances (Suppression) Act, 2023 warrants bail

Subjects

  • bail
  • prohibition law
  • excise
  • criminal procedure
  • Section 103
  • police misconduct
  • antecedents

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.15579 of 2026
                  Arising Out of PS. Case No.-581 Year-2025 Thana- CHIRAIYA District- East Champaran
                 ======================================================
           1.     Suresh Bhagat Son of Late Laxmi Bhagat R/o Village - Khartari, Police
                  Station - Chiraiya, District - East Champaran.
           2.    Ravishankar Kumar @ Ravi Shankar Kumar Son of Suresh Bhagat R/o
                 Village - Khatari, P.S. - Chiraiya, Dist. - East Champaran.

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Sanjeev Ranjan, Advocate
                 For the Opposite Party/s :       Mr. Pradeep Narain Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   10-03-2026             Heard learned counsel for the petitioners and learned APP

                   for the State.

                           2.       The petitioners seek bail in connection with

                   Chiraiya PS Case No. 581 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 62.12 liters

                   liquor was recovered from a shop.

                           4.       Learned counsel for the petitioners submits that the

                   petitioners are innocent and have falsely been implicated in the

                   present case. No incriminating material has been recovered from

                   the conscious possession of the petitioners. The petitioners have

                   got no concern with the alleged recovery of liquor. It is
           Patna High Court CR. MISC. No.15579 of 2026(2) dt.10-03-2026
                                                       2/2




                     submitted that recovery is planted by the police party on

                     extraneous consideration. The petitioners are in custody since

                     26.12.2025 and have got one criminal antecedent/s each. 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 petitioners.

                             6.      Considering the aforesaid facts and circumstances

                     of the case and the period of custody undergone by the

                     petitioners, this Court is inclined to grant bail to the petitioners.

                              7.     Let the petitioners be released on bail on furnishing

                     bail bonds of Rs.15,000/- (Fifteen thousand) each with two

                     sureties of the like amount each to the satisfaction of Court

                     below/concerned Court in connection with Chiraiya PS Case

                     No. 581 of 2025.



                                                                 (Rudra Prakash Mishra, J)
Raj Kishore/-

U      T


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