Patna High Court
Suraj SrivastavaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The Court held that bail should be granted to the petitioners subject to specified conditions.
Summary
Petitioners Suraj Srivastava and Chhotu Kuraishi were arrested on 15 January 2026 in connection with Excise P.S. Case No. 128 of 2026, based on an FIR dated 14 January 2026 alleging offences under Section 30(a) of the Bihar Prohibition & Excise (Amended) Act, 2016. The police recovered 114 litres of Indian-made foreign liquor, and the petitioners contend that the liquor was seized from the vehicle and not from their conscious possession, asserting that the seizure list was prepared by police witnesses and that Sections 103 and 105 of the BNSS, 2023 were not complied with. They applied for bail, claiming clean antecedents and false implication, while the State opposed the bail. The Court examined the lack of direct possession and the procedural lapses under the BNSS, 2023, and concluded that these factors warranted the grant of bail. Accordingly, the Court ordered bail on a bond of Rs.10,000 each with two sureties, subject to conditions regarding representation, presence, non‑tampering with evidence, and verification of criminal antecedents.
Issues considered
- Whether bail should be granted to the accused in an offence under Section 30(a) of the Bihar Prohibition & Excise Act, 2016.
- Whether the non‑compliance of Sections 103 and 105 of the BNSS, 2023 justifies the grant of bail.
- Whether the fact that the seized liquor was not found in the conscious possession of the accused affects the bail decision.
Legislation cited
- BNSS, 2023 — s. 103, 105
Subjects
- bail
- excise
- liquor seizure
- conscious possession
- Section 30(a)
- BNSS 2023
- procedural compliance
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22698 of 2026
Arising Out of PS. Case No.-128 Year-2026 Thana- Excise P.S. District- East Champaran
======================================================
1. Suraj Srivastava S/O Radhe Shyam Srivastawa Resident Of Village- Nigoh,
P.s.- Visheshar Ganj, District- Bahraich, U.p.
2. Chhotu Kuraishi S/O Subrati Kuraishi R/O Vill.- Goila, P.S.- Matiyari, Dist.-
Lucknow, U.P.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Vishal Prasad, Advocate
For the Opposite Party/s : Mr. Rajendra Nath Jha, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 07-04-2026 Heard Mr. Vishal Prasad, learned counsel for the
petitioners and Mr. Rajendra Nath Jha, learned APP for the State.
2. Petitioners seek bail, who are in custody since
15.01.2026, in connection with Excise P.S. Case No. 128 of 2026,
F.I.R. dated 14.01.2026 registered for the offences punishable
under Sections 30(a) of the Bihar Prohibition & Excise (Amended
up to date) Act, 2016.
3. Recovery is of 114 litres of Indian made foreign
liquor.
4. Learned counsel for the petitioner submits that the
petitioners have clean antecedents and they have been falsely
implicated in the present case. He further submits that it appears
from the F.I.R. as well as seizure list that nothing has been
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recovered from the conscious possession of the petitioners rather
recovery has been made from the vehicle in question and
altogether 144 litres of Indian made foreign liquor was recovered
from the vehicle in question. He further submits that from perusal
of the seizure list it appears that the seizure list witnesses are Brij
Kishore Pandey and Ramyas Singh and they are police personnel
and there is non-compliance of Sections 103 and 105 of BNSS,
2023 and the petitioners are in custody since 15.01.2026.
5. The learned Additional Public Prosecutor for the
State has vehemently opposed the prayer for bail of the
petitioners.
6. Considering the facts and circumstances of the case
and the fact that nothing has been recovered from the conscious
possession of the petitioners and there is non-compliance of
Sections 103 and 105 of the BNSS, 2023, let the petitioners, above
named, be released on bail on furnishing bail bond of Rs. 10,000/-
(Rupees Ten Thousand) each with two sureties of the like amount
each to the satisfaction of learned Exclusive Special Excise
Judge-2, East Champaran, Motihari in connection with Excise P.S.
Case No. 128 of 2026, subject to the following conditions :-
(1) One of the bailors should be the close relative of the
petitioners.
(2) Petitioners shall co-operate in the trial and shall be
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properly represented on each and every date fixed by the Court
and shall remain physically present as directed by the Court and on
their absence on two consecutive dates without sufficient reason,
their bail bonds shall be cancelled by the Court below.
(3) If the petitioners tamper with the evidence or the
witness, in that case, the prosecution will be at liberty to move for
cancellation of bail.
(4) And, further condition that the court below shall
verify the criminal antecedent of the petitioners and in case at any
stage, it is found that the petitioners have concealed their criminal
antecedents, the court below shall take step for cancellation of bail
bond of the petitioners. However, the acceptance of bail bonds in
terms of the above-mentioned order shall not be delayed for
purpose of or in the name of verification.
(Rajesh Kumar Verma, J)
Ibrar//-
U T
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