Patna High Court
Suraj NutversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ALOK KUMAR SINHA
Holding
The court granted anticipatory bail to the petitioner, finding the seizure and evidence insufficient to deny bail.
Summary
The petitioner, Suraj Nut, was implicated in a case under Section 30(a) of the Bihar Prohibition and Excise Act for alleged possession of 25 litres of illicit country-made liquor recovered from a pond embankment near his house. The petitioner claimed innocence, arguing that nothing was found in his physical possession and that the seizure memo lacked signatures of independent witnesses, casting doubt on its legality. The State opposed bail, citing the petitioner’s two prior criminal antecedents. The court noted the absence of direct recovery from the petitioner, the reliance on a chowkidar’s confessional statement, and the procedural defects in the seizure. Consequently, the court granted anticipatory bail subject to a bond of Rs.10,000 with two sureties and conditions of cooperation and verification of antecedents.
Issues considered
- Whether anticipatory bail should be granted when the alleged contraband was not recovered from the petitioner’s possession
- Whether the seizure memo lacking independent witnesses renders the seizure illegal
- Whether prior criminal antecedents preclude the grant of anticipatory bail
- Whether reliance on a chowkidar’s confessional statement is sufficient for arrest
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Code of Criminal Procedure — s. 438(2)
Subjects
- anticipatory bail
- illegal seizure
- confessional statement
- Bihar Prohibition and Excise Act
- criminal antecedent
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16983 of 2026
Arising Out of PS. Case No.-390 Year-2025 Thana- DORIGANJ District- Saran
======================================================
Suraj Nut S/o- Sharwan Nut R/v- Musepur Nut Toli Ps- Doriganjh Dist- Saran
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Alok Kumar Alok
For the Opposite Party/s : Mr.Mritunjay Kumar Nirala
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
ORAL ORDER
2 25-03-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends his arrest in connection
with Doriganj P.S. Case No. 390 of 2025, registered for the
offences punishable under Section 30(a) of Bihar Prohibition
and Excise Act.
3. As per allegation, 25 liters of illicit country-made
liquor was recovered from embankment of a pond near the
house of the petitioner.
4. The learned counsel for the petitioner submits that
the petitioner is innocent and has falsely been implicated.
Nothing has been recovered from his conscious physical
possession. The entire allegations are false and fabricated.
5. On the other hand, the learned APP for the State has
Patna High Court CR. MISC. No.16983 of 2026(2) dt.25-03-2026
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opposed the prayer for bail.
6. Although the petitioner has two criminal
antecedents, from perusal of the record, it appears that the
petitioner was not apprehended on the spot and therefore no
recovery has been made from his conscious possession physical
possession. His name has surfaced on the basis of confessional
statement of local chowkidar. It is also to be noted that the
country-made liquor has been recovered from the embankment
of a pond near the house of the petitioner, but not from the
petitioner. It is further important to take note of the fact that the
search and seizure memo does not bear the signature of two
independent witnesses, which puts a question mark on the
legality and validity of the seizure itself. Under these
circumstances, I am inclined to grant privilege of anticipatory
bail to the petitioner.
7. Let the petitioner, as named above, in the event of
his arrest or surrender within four weeks from today, be
enlarged on bail on furnishing bail bond of Rs.10,000/-(Rupees
Ten Thousand) with two sureties of the like amount each to the
satisfaction of learned Exclusive Special Excise Court No. 3,
Saran at Chapra in connection with Doriganj P.S. Case No. 390
of 2025, subject to the conditions laid down under section
Patna High Court CR. MISC. No.16983 of 2026(2) dt.25-03-2026
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438(2) of the Code of Criminal Procedure/Section 482(2) of the
Bharatiya Nagarik Suraksha Sanhita, 2023 and subject to further
condition that :-
(i) The petitioner shall co-operate in the investigation/
trial.
(ii) The learned Court below would, however, verify
the criminal antecedent of the petitioner and in case it is found
that the petitioner has concealed his criminal antecedent, the
Court below shall take step for cancellation of bail bond of the
petitioner. However, it is expected that the verification process
would be done expeditiously without causing any delay.
(Alok Kumar Sinha, J)
kundan/-
U T
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