Patna High Court
Suraj Giri @ Suraj Kumar Pandit @ Chhotu Pandit @ Chhotu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail was granted to the petitioner subject to specified conditions.
Summary
Suraj Giri was arrested on 21 January 2026 in connection with a case involving the seizure of 150 litres of country-made Mahua liquor and charged under Section 30(a) of the Bihar Prohibition & Excise (Amendment) Act. The petitioner contended that the liquor was recovered from the place of occurrence, not from his conscious possession, and that the investigation failed to comply with Sections 103 and 105 of the BNSS, 2023. The State opposed bail, noting a similar pending case against the petitioner. The Court, noting the lack of direct recovery from the petitioner and procedural lapses, granted bail on a Rs.10,000 bond with two sureties, subject to conditions of cooperation, appearance, non‑tampering with evidence, and verification of criminal antecedents. The bail order was directed to be implemented without delay for verification purposes.
Issues considered
- Whether bail should be granted when the accused is not found in conscious possession of the seized liquor.
- Whether non‑compliance with Sections 103 and 105 of the BNSS, 2023 warrants bail.
- Whether the existence of a similar pending case against the accused precludes bail.
Legislation cited
- BNSS, 2023 — s. 103, 105
Subjects
- bail
- prohibition law
- excise
- Mahua liquor
- conscious possession
- procedural compliance
- Section 103
- Section 105
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19495 of 2026
Arising Out of PS. Case No.-36 Year-2026 Thana- MALSALAMI District- Patna
======================================================
Suraj Giri @ Suraj Kumar Pandit @ Chhotu Pandit @ Chhotu Kumar S/O
Umesh Giri @ Suresh Giri R/O Bangla Par, East Nandgola, Nagla, P.S-
Malsalami, Distt.- Patna.
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Anupam Prabhat Shrivastava, Advocate
For the State : Ms. Shaheen Begum, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 31-03-2026 Heard Mr. Anupam Prabhat Shrivastava, learned
counsel for the petitioner and Ms. Shaheen Begum, learned APP
for the State.
2. Petitioner seeks bail, who is in custody since
21.01.2026, in connection with Malsalami P.S. Case No. 36 of
2026, F.I.R. dated 21.01.2026 registered for the offences
punishable under Sections 30(a) of the Bihar Prohibition &
Excise (Amendment) Act.
3. Recovery is of 150 litres of country made Mahua
liquor.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and he has been falsely implicated in the
present case. He further submits that it appears from the F.I.R.
Patna High Court CR. MISC. No.19495 of 2026(2) dt.31-03-2026
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as well as seizure list that nothing has been recovered from the
conscious possession of the petitioner rather recovery has been
made from the place of occurrence and petitioner has been made
accused on the basis of suspicion and there is non-compliance
of Sections 103 and 105 of BNSS, 2023 and the petitioner is in
custody since 21.01.2026.
5. The learned Additional Public Prosecutor for the
State has vehemently opposed the prayer for bail of the
petitioner and submits that the petitioner carries one more case
of similar nature other than the present one.
6. Considering the facts and circumstances of the case
and the fact that nothing has been recovered from the conscious
possession of the petitioner and there is non-compliance of
Sections 103 and 105 of the BNSS, 2023, let the petitioner,
above named, be released 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
Court of Excise, Patna City, Patna in connection with Malsalami
P.S. Case No. 36 of 2026, subject to the following conditions :-
(1) Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the Court
and shall remain physically present as directed by the Court and
Patna High Court CR. MISC. No.19495 of 2026(2) dt.31-03-2026
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on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
(2) If the petitioner tampers with the evidence or the
witness, in that case, the prosecution will be at liberty to move
for cancellation of bail.
(3) 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 antecedents, 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)
Ibrar//-
U T
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