Patna High Court

Suraj Kumar Ray @ Suraj Kr. Ray @ SurajversusThe State of Bihar

Decided: 25 March 2026
Disposal: BAIL GRANTED
Bench: ANSHUMAN

Holding

The Court granted anticipatory bail to the petitioner subject to a Rs.30,000 bond and statutory conditions.

Summary

The petitioner, Suraj Kumar Ray, sought anticipatory bail fearing arrest in a case involving the alleged recovery of 1.950 litres of illicit liquor under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise (Amendment) Act. The prosecution alleged the liquor was recovered, while the petitioner contended he had no possession, a clean criminal record, and committed no offence. The State opposed the bail application. The Court examined the merits, noting the absence of any material linking the petitioner to the seized liquor and his clean antecedent. Accordingly, the Court granted anticipatory bail, directing the petitioner to furnish a bail bond of Rs.30,000 under Section 2(1)(d) of the BNSS, 2023, and subject to conditions of Section 482(2) of the same Act. The trial court was instructed to verify the petitioner’s antecedent and cancel the bond if any concealment is discovered.

Issues considered

Whether anticipatory bail should be granted in a case under the Bihar Prohibition and Excise (Amendment) Act.
Whether the petitioner’s claim of no possession and clean criminal antecedent justifies anticipatory bail.
Whether the conditions prescribed under Section 2(1)(d) and Section 482(2) of the BNSS, 2023 are applicable.

Legislation cited

BNSS, 2023 — s. 2(1)(d), 482(2)

Subjects

anticipatory bail
Bihar Prohibition and Excise Act
illicit liquor
criminal antecedent
bail bond
Section 482
Section 2(1)(d)
BNSS 2023

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.15796 of 2026
                     Arising Out of PS. Case No.-983 Year-2025 Thana- Excise P.S. District- Kishanganj
                 ======================================================
                 Suraj Kumar Ray @ Suraj Kr. Ray @ Suraj Son of Sanjay Ray Resident of
                 Village - Lohiya Nagar, P.S.- Katihar, District - Katihar.
                                                                                  ... ... Petitioner/s
                                                     Versus
                 The State of Bihar
                                                                           ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr. Rajeev Ranjan, Advocate
                 For the Opposite Party/s :         Mrs. Asha Kumari, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
                                       ORAL ORDER

2   25-03-2026                     Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner is apprehending arrest in connection

                   with Special Case No. 1002 of 2025, arising out of Madya

                   Nisedh P.S. Case No. 983 of 2025, dated 03.12.2025, lodged

                   under Sections 30(a) & 32(3) of the Bihar Prohibition and

                   Excise (Amendment) Act.

                                3. As per the prosecution, total recovery of 01.950

                   litres of illicit liquor has been made, which is the subject matter

                   of the present case.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has committed no offence. He further

                   submits that nothing has been recovered from the possession of

                   the petitioner. Furthermore, he submits that the criminal

                   antecedent of the petitioner is clean.
         Patna High Court CR. MISC. No.15796 of 2026(2) dt.25-03-2026
                                                     2/2




                                5. Learned APP for the State opposes the prayer for

                   bail of the petitioner.

                                6. As such, in the present facts and circumstances of

                   this case, let the above named petitioner be released on

                   anticipatory bail, in the event of arrest or surrender before the

                   Trial Court within a period of 4 weeks from today, on furnishing

                   bail bond of Rs.30,000/- (Rupees Thirty Thousand) as

                   mentioned in Section 2(1)(d) of the BNSS, 2023 to the

                   satisfaction of Exclusive Special Judge Excise-II, Kishanganj, in

                   connection with Special Case No. 1002 of 2025, arising out of

                   Madya Nisedh P.S. Case No. 983 of 2025, subject to the

                   conditions as laid down U/s 482(2) of the BNSS, 2023.

                                7. It is further directed that the Trial Court shall verify

                   the criminal antecedent of the petitioner, and in case it is found

                   at any stage that the petitioner has concealed his criminal

                   antecedent, the Trial Court shall take steps for cancellation of

                   the petitioner’s bail bond. However, the acceptance of the bail

                   bond in terms of the above-mentioned order shall not be delayed

                   for the purpose of or in the name of verification.



                                                                        (Dr. Anshuman, J.)
Aman Kumar/-
U     T

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