Patna High Court
Suraj Kumar @ Suraj ChauhanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
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
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