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Patna High Court

SAROJ KUMARversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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