Patna High Court
SAROJ KUMARversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The court granted bail to the petitioner.
Summary
Saroj Kumar was arrested in connection with the seizure of 235.815 litres of liquor from a Tata Indica car, alleged under Section 30(a) of the Excise Act. The petitioner, who has twelve prior excise cases, claimed he was not the owner of the car, was not arrested at the spot, and was implicated by a hostile watchman, arguing that no material was recovered from his conscious possession and that the investigation was mechanically conducted. He had been in custody since 16 January 2026 and assured the court of his cooperation and that he would not abscond. The State opposed bail, but the court, after considering the submissions, ordered his release on regular bail upon furnishing a bond of Rs.5,000 with two sureties. The bail application was therefore allowed.
Issues considered
- Whether bail should be granted to the petitioner in a case under Section 30(a) of the Excise Act considering the nature of the offence and his prior record.
Legislation cited
- Excise Act — s. 30(a)
Subjects
- bail
- Excise Act
- Section 30(a)
- liquor seizure
- prior criminal record
- police investigation
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20979 of 2026
Arising Out of PS. Case No.-307 Year-2025 Thana- DHAKA District- East Champaran
======================================================
SAROJ KUMAR S/o- Narayan Sah Resident of village- Raksa Rahimpur PS-
Dhaka District - East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ujjwal Kumar Singh
For the Opposite Party/s : Mr.Suresh Prasad Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 18-04-2026 1. Heard learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks bail in a case registered for the
offences punishable under Section 30(a) of the Excise Act.
3. The learned counsel for the petitioner submits that
the petitioner has antecedent of twelve cases under the Excise
Act and allegation is of recovery of 235.815 litres of liquor from
Tata Indica Car.
4. The learned counsel for the petitioner submits that
petitioner was not arrested from the spot, as such, nothing was
recovered from his conscious possession and is not the owner of
the seized car and he came to be implicated at the instance of
Chaukidar with whom he is on an inimical term. It is next
submitted that police in majority of cases implicating innocent
Patna High Court CR. MISC. No.20979 of 2026(2) dt.18-04-2026
2/2
persons either at the behest of Chaukidar, local person, secret
information and confessional statement in a mechanical manner
without holding a proper investigation. It is further submitted
that if Chaukidar was aware of the involvement of the petitioner
in the occurrence, then why he did not inform the police prior to
institution of the present F.I.R., which casts an aspersion on the
case of the prosecution. It is next submitted that petitioner is in
custody since 16.01.2026. It is also submitted that petitioner will
not abscond rather will cooperate in the trial to prove his
innocence.
5. Learned A.P.P. opposes the bail application.
6. Considering the submissions made by the learned
counsel for the petitioner, the petitioner, above-named, is
directed to be released on regular bail on his furnishing bail-
bonds in the sum 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/successor Court in
connection with Dhaka P. S. Case No.307 of 2025.
7. The application stands allowed.
(Satyavrat Verma, J)
vikash/-
U T
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