Patna High Court
Suraj KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
Bail is granted to the petitioner.
Summary
Suraj Kumar applied for bail in a criminal case under Section 30(a) of the Bihar Excise Act, alleging that the alleged seizure of 750 ml of liquor was from Radhe Shyam Kumar, not from his own possession. The petitioner has a history of eleven prior excise cases, but contends he was not apprehended at the scene and that the only evidence against him is a confessional statement by Radhe Shyam made in police custody, which he argues lacks evidentiary value. The State opposed bail, citing the petitioner’s prior record. The Court noted the absence of direct possession, the questionable reliability of the confessional statement, and the petitioner’s assurance that he would not abscond and would cooperate with the trial. Accordingly, the Court ordered his release on bail upon furnishing a bond of Rs 5,000 with two sureties of the same amount.
Issues considered
- Whether bail should be granted to the petitioner under Section 30(a) of the Bihar Excise Act given the circumstances of the alleged offence and his prior record.
Subjects
- bail
- excise law
- Section 30(a)
- confessional statement
- police investigation
- prior criminal record
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24075 of 2026
Arising Out of PS. Case No.-16 Year-2026 Thana- LAKHISARAI District- Lakhisarai
======================================================
Suraj Kumar Son of Shankar Saw Resident of - Purani Bazar, Mahavir
Asthan, P.S.- Lakhisarai, District - Lakhisarai.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjeev Kumar
For the Opposite Party/s : Md. Nazir Ansari
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 18-04-2026 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
offences punishable under Section 30(a) of the Bihar Excise
Act.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of 11 cases under the Excise Act and
allegation is of recovery of 750 ml of liquor from possession of
Radhe Shyam Kumar.
4. Learned counsel for the petitioner submits that
petitioner was not apprehended from the spot as such nothing
was recovered from his conscious possession and even alleged
recovery is from Radhe Shyam with whom petitioner has no
concern or relation and he came to be implicated based on
Patna High Court CR. MISC. No.24075 of 2026(2) dt.18-04-2026
2/2
confessional statement of Radhe Shyam in police custody which
does not have any evidentiary value. It is also submitted that
once an accused is implicated in a case relating to excise, the
police starts implicating mechanically either at the instance of
Chowkidar, local person, confessional statement or secret
information without holding a proper investigation. It is also
submitted that petitioner is in custody since 16.03.2026 and if
privilege of bail is granted, the petitioner will not abscond rather
will cooperate in the trial to prove his innocence.
5. Learned A.P.P. for the State opposes the bail
application of the petitioner.
6. Considering the submissions made by the learned
counsel for the petitioner, the petitioner above-named, is
directed to be released on bail on furnishing bail bonds of Rs.
5000/- (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
Lakhisarai P.S. Case No. 16 of 2026.
(Satyavrat Verma, J)
Rishabh/-
U T
Checking your session…