Patna High Court
Suresh Kumar Ram @ Suresh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The High Court allowed the regular bail application, directing the petitioner’s release on bail.
Summary
The petitioner, Suresh Kumar, was arrested in connection with the recovery of 1.8 litres of illegal foreign liquor, alleged to be an offence under Section 30(A) of the Bihar Prohibition and Excise Amendment Act. He applied for regular bail, claiming innocence and stating that he had been in custody since 27‑02‑2026. The State opposed the bail, but the High Court examined the facts, noting the small quantity of liquor involved and the lower court’s rejection of bail. The Court held that the petitioner was entitled to bail and ordered his release upon furnishing a bail bond of Rs.10,000 with two sureties of the same amount. The order was directed to be communicated to the Principal District Judge, Buxar for compliance.
Issues considered
- Whether bail should be granted to the accused in a case under Section 30(A) of the Bihar Prohibition and Excise Amendment Act for possession of a small quantity of illegal liquor.
Legislation cited
- Bihar Prohibition and Excise (Amendment) Act — s. 30(A)
Subjects
- bail
- excise
- illegal liquor
- Section 30(A)
- Bihar Prohibition and Excise Amendment Act
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20853 of 2026
Arising Out of PS. Case No.-17 Year-2026 Thana- Excise Dumraon District- Buxar
======================================================
Suresh Kumar Ram @ Suresh Kumar S/o- Late Prasuram Ram @ Prasuram
Pasi Resident of village- Sonbarsa PS- Sonbarsa Distt- Buxar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Mohit Shriwastava, Advocate
For the State : Mr.Jharkhandi Upadhyaya, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 01-04-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The petitioner seeks bail in connection with Excise
Dumraon P.S. Case No. 17/2026 registered for the offences
punishable under Section 30(A) of Bihar Prohibition and Excise
Amendment Act.
3. As per the prosecution case, 1.8 litres of illegal
foreign liquor was recovered from the possession of the
petitioner.
4. Learned counsel for the petitioner submits that
petitioner is innocent has falsely been implicated in the present
case. Learned counsel further submits that petitioner has two
criminal antecedents and he is in custody since 27.02.2026. The
petitioner undertakes to co-operate in the case/ trial.
Patna High Court CR. MISC. No.20853 of 2026(2) dt.01-04-2026
2/2
5. Learned APP for the State has opposed the prayer
for regular bail of the petitioner.
6. Considering the facts and circumstances of the
case, this application for regular bail is allowed.
7. Accordingly, let the petitioner, above named, be
released on bail on furnishing bail bonds of Rs. 10,000/- (Ten
Thousand) with two sureties of the like amount each to the
satisfaction of the learned Exclusive Excise Special Judge,
Excise Court No. 2, Buxar /concerned Court below in
connection with Dumraon P.S. Case No. 17/2026.
8. It is surprising that for such a small amount of
liquor recovered from the possession of the petitioner, his bail
application was rejected by the Exclusive Excise Special Judge,
Excise Court No. 2, Buxar. He should not have rejected the bail
application of the petitioner when the recovery is of such a
small amount.
9. Let a copy of this order be communicated to
Principal District Judge, Buxar through FAX or e-mail for its
compliance.
(Sandeep Kumar, J)
tusharika/-
U T
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