Patna High Court
Saurav KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court granted bail to the petitioner subject to a bond and specified conditions.
Summary
The petitioner, Saurav Kumar, was arrested on 22 January 2026 in connection with a case involving the seizure of 9 litres of illicit Mahua liquor from a motorcycle, alleged to be in violation of IPC sections 274 and 275 and the Bihar Prohibition and Excise Act, 2022. He contended that he had no conscious possession of the liquor and was implicated merely as the owner of the vehicle, with co‑accused Tulsi Kumar and Fantus Kumar actually in possession. The prosecution opposed bail, highlighting the petitioner’s eleven prior criminal convictions, although he was already on bail in nine cases and had two pending matters. The court examined the facts, noted the lack of direct evidence of possession, and considered the petitioner’s criminal history. It ordered that bail be granted on a bond of Rs 10,000 with two sureties, subject to conditions of cooperation, appearance, non‑tampering with evidence, and verification of antecedents.
Issues considered
- What is the appropriate decision on the petitioner's bail application given the alleged lack of conscious possession and his prior criminal record?
Legislation cited
- Indian Penal Code — s. 274, 275
Subjects
- bail
- criminal antecedent
- possession
- excise law
- IPC
- Mahua liquor
- pre‑trial detention
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18807 of 2026
Arising Out of PS. Case No.-97 Year-2024 Thana- Manikpur District- Lakhisarai
======================================================
Saurav Kumar S/O Mukesh Singh Resident of Village- Bihat Gurudaspur
Tola, P.S.- F.C.I., District- Begusarai
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Binod Kumar, Advocate
: Mr. Amit Prakash, Advocate
For the Opposite Party/s : Mr. Tapeshwar Sharma, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
3 22-04-2026 Heard Mr. Binod Kumar, learned counsel for the
petitioner and Mr. Tapeshwar Sharma, learned Additional Public
Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
22.01.2026 in connection with Manikpur P.S. Case No. 97 of
2024, F.I.R. dated 02.09.2024 for the offences punishable under
Section 274, 275 of Indian Penal Code and Section 30(a) of the
Bihar Prohibition and Excise Act, 2022.
3. Recovery is of 9 liters of desi Mahua liquor.
4. Learned counsel for the petitioner submits that
petitioner is innocent and he has falsely been implicated in the
present case. He further submits that it appears from the F.I.R.
as well as seizure list that nothing has been recovered from the
Patna High Court CR. MISC. No.18807 of 2026(3) dt.22-04-2026
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conscious possession of the petitioner rather the recovery has
been made from motorcycle in question and two co-accused
persons, namely, Tulsi Kumar and Fantus Kumar were
apprehended along with the illicit liquor and petitioner has been
made accused merely on the basis that he is the owner of the
motorcycle in question. He further submits that the police after
investigation submitted the charge sheet against the petitioner.
The petitioner is in custody since 22.01.2026.
5. The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner and
submits that petitioner carries eleven criminal antecedent other
than the present one but fairly submits that the petitioner is on
bail in nine cases and two cases are pending for consideration
before competent Court of law.
6. Considering the aforesaid facts and circumstances,
let the petitioner, above named, be released on bail on furnishing
bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of
the like amount each to the satisfaction of the learned District &
Additional Sessions Judge, IV-cum-Exclusive Special Judge
Excise-I, Lakhisarai in connection with Manikpur P.S. Case No.
97 of 2024, subject to the following conditions:-
i. Petitioner shall co-operate in the trial and shall be
Patna High Court CR. MISC. No.18807 of 2026(3) dt.22-04-2026
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properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage 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, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Suruchi/-
U T
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