Patna High Court
Suraj KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court granted bail to the petitioner, finding no sufficient grounds to continue his detention.
Summary
The petitioner, Suraj Kumar, was arrested in connection with an Excise case alleging possession of 270 litres of Nepali liquor, violating Section 30(a) of the Bihar Prohibition and Excise Act. He claimed innocence, stating he was neither the owner nor driver of the vehicle and that no incriminating material was found in his possession. The prosecution opposed bail, while the petitioner highlighted the lack of compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023 and his prolonged custody since 27‑11‑2025. The court, considering the facts, the absence of direct involvement, and the period of detention, decided to grant bail. The petitioner was ordered to be released on bail upon furnishing a bond of Rs. 15,000 with two sureties of the same amount.
Issues considered
- Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act given the circumstances of the case
Legislation cited
Subjects
- bail
- excise
- prohibition act
- Section 30(a)
- custody
- criminal antecedent
- Section 103
- Bharatiya Nagarik Suraksha Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2417 of 2026
Arising Out of PS. Case No.-2574 Year-2025 Thana- Excise P.S. District- East Champaran
======================================================
Suraj Kumar S/o- Nand Kishore Sahni Vill- Barharwa PS- Muffasil District-
East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Manoj Kumar, Advocate
For the Opposite Party/s : Ms.Shaheen Begum, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 19-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with Excise
P.S. Case No. 2574 of 2025, instituted for the offences
punishable under Section 30(a) of the Bihar Prohibition and
Excise Act.
3. The prosecution case, in short, is that total 270
liters of Nepali liquor was recovered from car.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
present case. No incriminating material has been recovered from
the conscious possession of the petitioner. The petitioner has got
no concern with the alleged recovery of liquor. The petitioner
was neither owner nor driver of the vehicle and the said
Patna High Court CR. MISC. No.2417 of 2026(2) dt.19-01-2026
2/2
recovery has been planted for extraneous consideration. The
petitioner is in custody since 27.11.2025 and has got one
criminal antecedent. There is no compliance of Section 103 of
the Bharatiya Nagarik Suraksha Sanhita, 2023.
5. Learned APP for the State has vehemently opposed
the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances
of the case and the period of custody undergone by the
petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail on furnishing
bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two
sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with Excise P.S. Case No.
2574 of 2025.
(Rudra Prakash Mishra, J)
manish/-
U T
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