Patna High Court
Suraj KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The Court granted bail to the petitioner subject to specified conditions.
Summary
Suraj Kumar was arrested on 23 February 2026 after police seized 3.240 litres of foreign liquor from his house in connection with an offence under Section 30(a) of the Bihar Prohibition and Excise Act. The petitioner applied for bail, contending that no liquor was found in his conscious possession and that the prosecution had failed to comply with mandatory provisions of Sections 103 and 105 of the Bihar Narcotic Substances (BNSS) Act, 2023. The State opposed bail, highlighting the recovery of liquor from the premises and the petitioner’s antecedent of four other cases, though he was on bail in those matters. The Court examined the facts, the statutory framework, and the petitioner’s custody since 23 February, and decided to grant bail with a bond of Rs. 10,000 and two sureties, subject to conditions of cooperation, appearance, non‑tampering with evidence, and verification of criminal antecedents. The bail order was issued without delay for verification, allowing the petitioner to be released pending trial.
Issues considered
- Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act.
- Whether non‑compliance of Sections 103 and 105 of the BNSS, 2023, warrants denial of bail.
- Whether the petitioner’s antecedent cases affect the grant of bail.
Subjects
- bail
- excise offence
- illicit liquor
- Bihar Prohibition and Excise Act
- Section 30(a)
- BNSS Act
- criminal antecedent
- court conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19559 of 2026
Arising Out of PS. Case No.-117 Year-2026 Thana- Excise P.S. District- Lakhisarai
======================================================
Suraj Kumar Son of Shankar Saw Resident of Purani Bazar, Ward No. 11,
P.S.- Lakhisarai, District- Lakhisarai
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjeev Kumar, Advocate
For the Opposite Party/s : Mr. Manoj Kumar, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 31-03-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
23.02.2026 in connection with Excise P.S. Case No. 117C2 of
2026 for the offence punishable under Section 30(a) of Bihar
Prohibition and Excise Act.
3. The prosecution story, in brief, is that on
22.02.2026, the informant had got secret information that Suraj
Kumar was selling illicit liquor in his house. On the basis of
said information, she reached near the house of Suraj Kumar
and started searching. From his house 3.240 liters of foreign
liquor was recovered and accordingly seizure list was prepared
and Suraj Kumar was apprehended.
4. Learned counsel for the petitioner submits that from
Patna High Court CR. MISC. No.19559 of 2026(2) dt.31-03-2026
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bare perusal of the FIR it appears that altogether 3.240 liters of
foreign liquor was recovered from the house of the petitioner. It
is further submitted that nothing has been recovered from the
conscious possession of the petitioner. It is next submitted that
there is non-compliance of mandatory provisions of Sections
103 and 105 of BNSS, 2023. Learned counsel for the petitioner
further submits that petitioner is in custody since 23.02.2026.
5. The learned Additional Public Prosecutor for the
State, on the other hand, has vehemently opposed the prayer for
bail of the petitioner and submits that the recovery has been
made from the house of the petitioner and apart from aforesaid,
he has antecedent of four cases other than the present case but
fairly submits that the petitioner is on bail in these cases.
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 Court of
District and Additional Sessions Judge-VII-cum-Exclusive
Special Court-II, Lakhisarai in connection with Excise P.S. Case
No. 117C2 of 2026, subject to the following conditions:-
i. Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
Patna High Court CR. MISC. No.19559 of 2026(2) dt.31-03-2026
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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 canceled 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)
Gaurav Sinha/-
U T
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