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Patna High Court

Suraj Kumar @ Suresh RamversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioners subject to specified bond, monetary deposit, and regular police station attendance conditions.

Summary

The petitioners, Suraj Kumar and Mintu Kumar, were arrested on 1 March 2026 in connection with the recovery of 270 litres of illicit liquor under Section 30(a) of the Bihar Prohibition and Excise Act. They claimed innocence and sought bail, offering to donate Rs. 25,000 each to a charitable organization without admitting guilt. The State opposed the bail. The High Court, after considering the facts and submissions, granted bail on the condition that each petitioner furnish a bail bond of Rs. 10,000 with two sureties, deposit Rs. 25,000 in the Ramakrishna Mission Ashrama, and report to the respective police stations every Sunday, with default leading to cancellation of bail. The order was limited to the bail application and did not prejudice the merits of the trial.

Issues considered

  • Whether bail should be granted to the accused in a case under Section 30(a) of the Bihar Prohibition and Excise Act.
  • Whether the conditions imposed by the court are appropriate and sufficient to ensure the accused's appearance.

Subjects

  • bail
  • excise
  • illicit liquor
  • Bihar Prohibition and Excise Act
  • criminal procedure
  • conditions of bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.25914 of 2026
                       Arising Out of PS. Case No.-1385 Year-2026 Thana- Excise P.S. District- Patna
                 ======================================================
           1.     Suraj Kumar @ Suresh Ram S/o Kamlesh Ram R/o - Pipra, P.S.- Pipra,
                  Distt. - Patna, A/p Shivpuri Ward no. 12, P.S. - Gardanibagh, Dist. - Patna.
           2.    Mintu Kumar S/o Kamlesh Ram R/o - Pipra, P.S.- Pipra, Distt. - Patna.

                                                                                      ... ... Petitioner/s
                                                         Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr.Ram Jiban Pd Singh, Advocate
                 For the State            :         Mr.Pronoti Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   20-04-2026                   Heard learned counsel for the petitioners and learned

                   APP for the State.

                                 2. The petitioners seek bail in connection with Excise

                   Patna P.S. Case No. 1385 of 2026 registered for the offence

                   punishable under Section 30(a) of the Bihar Prohibition and

                   Excise Act.

                                 3. As per the prosecution case, there is recovery of

                   270 litres of illicit liquor.

                                 4. It has been submitted by the learned counsel for the

                   petitioners that the petitioners are innocent and have falsely

                   been implicated in this case. The petitioners are in custody since

                   01.03.2026.

                                 5. Learned counsel for the petitioners submits that the
Patna High Court CR. MISC. No.25914 of 2026(2) dt.20-04-2026
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          petitioners are ready to donate Rs. 25,000/- each in some

          charitable organization without accepting his guilt.

                       6. Learned APP appearing for the State opposes the

          prayer for bail of the petitioners.

                       7. Considering the facts and circumstances of the case

          and submissions of learned counsel for the petitioners, let the

          petitioners, above named, be released on bail upon furnishing

          bail bonds of Rs.10,000/- (ten thousand) each with two sureties

          of the like amount each to the satisfaction of the learned Special

          Judge Excise-3rd, Patna/concerned Court below in connection

          with Excise Patna P.S. Case No. 1385 of 2026.

                       8. This is also subject to the condition that the

          petitioners shall deposit an amount of Rs. 25,000/- each in

          Ramakrishna Mission Ashrama, Ramakrishna Avenue, Nala

          Road Patna, Bihar 800004 and produce the receptive receipt of

          the same before the Court below. The bail bonds of the

          petitioners shall be accepted after verifying the genuineness of

          the receipt produced by the petitioners.

                       9. As a condition of this order, the petitioner no. 1 and

          2 after being released on bail are directed to mark              their

          attendance at Gardanibagh and Pipra Police Station, District-

          Patna respectively on every Sunday of the month. Any default in
           Patna High Court CR. MISC. No.25914 of 2026(2) dt.20-04-2026
                                                       3/3




                     appearance at the police station will result in cancellation of bail

                     bonds of the petitioners.

                                  10. It is, however, clarified that the observations made

                     herein are limited to the adjudication of the present bail

                     application and shall not prejudice the case of the petitioners at

                     any subsequent stage of the trial and this Court has not express

                     any opinion on the merits of the case.


                                                                          (Sandeep Kumar, J)

P. Kumar

U     T


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