Created by Fuzzy Cloud

Patna High Court

Suraj Kumar @ Suraj ChauhanversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that the petitioner is entitled to bail.

Summary

Suraj Kumar was arrested in connection with the alleged recovery of 250 litres of liquor from a motorcycle and charged under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022. He contended that he had no prior criminal record, was not arrested at the spot, did not have conscious possession of the liquor, and was not the owner of the vehicle. The State opposed his bail application. The court, noting the petitioner’s clean antecedent and the lack of direct evidence linking him to the seized liquor, ordered his release on bail upon furnishing a bond of Rs.5,000 with two sureties. Consequently, both the regular bail application and the interlocutory application were disposed.

Issues considered

  • Whether the petitioner is entitled to regular bail under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.
  • Whether the circumstances of arrest, lack of conscious possession, and clean antecedent justify granting bail.

Subjects

  • bail
  • prohibition law
  • excise
  • possession
  • criminal procedure
  • clean antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.20398 of 2026
                     Arising Out of PS. Case No.-410 Year-2025 Thana- BAHADURPUR District- Patna
                 ======================================================
                 Suraj Kumar @ Suraj Chauhan S/O Chhote Chauhan R/O Mohalla -
                 Sandalpur, Western Side, P.S. - Bahadurpur, Distt.- Patna.
                                                                                ... ... Petitioner/s
                                                    Versus
                 The State of Bihar
                                                                         ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Anil Kumar Singh, Advocate
                 For the Opposite Party/s :      Mr. Manoj Kumar, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   10-04-2026                  1. Heard learned counsel for the petitioner and

                   learned A.P.P. for the State.

                                2. The petitioner seeks bail in a case registered for the

                   offence punishable under Section 30(a) of the Bihar Prohibition

                   and Excise (Amendment) Act, 2022.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and is in custody

                   since 07.02.2026 and allegation is of recovery of 250 litres of

                   liquor from a motorcycle.

                                4. Learned counsel for the petitioner submits that

                   petitioner was not arrested from the spot, as such, nothing was

                   recovered from his conscious possession. It is further submitted

                   that petitioner is not the owner of the seized vehicle and came to

                   be implicated at the instance of the local person but then the

                   name of the person who disclosed the name of the petitioner is
           Patna High Court CR. MISC. No.20398 of 2026(2) dt.10-04-2026
                                                       2/2




                     not disclosed in the FIR which casts an aspersion on the case of

                     the prosecution, when petitioner has not been implicated based

                     on the secret information and is a person with clean antecedent.

                                  5. Learned A.P.P. for the State opposes the prayer for

                     regular bail of the petitioner.

                                  6. Considering the submissions made by the learned

                     counsel appearing on behalf of the petitioner, the petitioner,

                     above-named, is directed to be released on bail on furnishing

                     bail bonds of Rs.5,000/- (Rupees Five Thousand) with two

                     sureties of the like amount each to the satisfaction of the learned

                     Trial Court where the case is pending in connection with

                     Bahadurpur P.S. Case No. 410 of 2025.

                                  7. Accordingly, the regular bail application and the

                     interlocutory application are disposed of.


                                                                          (Satyavrat Verma, J)

Kundan/-

U     T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.