Patna High Court
SAROJ KUMARversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
Bail was granted to the petitioner subject to a bond of Rs.5,000 and two sureties of equal amount.
Summary
The petitioner, Saroj Kumar, applied for bail in a case registered under Section 30(a) of the Bihar Excise Act for allegedly recovering 135 litres of liquor from a motorcycle. The petitioner has 14 prior cases, 12 under the Excise Act, but contends he was not apprehended at the spot, did not have the seized vehicle in his possession, and was implicated through a hostile Chowkidar. He has been in custody since 21‑02‑2026 and assures the court he will not abscond and will cooperate with the trial. The State opposed bail, citing the petitioner’s antecedent record. The court, after considering the submissions, ordered the petitioner’s release on bail upon furnishing a bond of Rs.5,000 with two sureties of the same amount, pending trial in the designated trial court.
Issues considered
- Whether bail should be granted to the petitioner in an offence punishable under Section 30(a) of the Bihar Excise Act given his antecedent criminal record.
- Whether the circumstances of non‑apprehension at the spot and lack of ownership of the seized vehicle justify bail.
- Whether the petitioner is likely to abscond or tamper with evidence if released on bail.
Subjects
- bail
- excise law
- Section 30(a)
- liquor seizure
- criminal procedure
- pre‑trial detention
- antecedent cases
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26345 of 2026
Arising Out of PS. Case No.-300 Year-2025 Thana- KUNDWACHAINPUR District- East
Champaran
======================================================
SAROJ KUMAR Son of Narayan Sah Resident of Village - Raksa Rahimpur,
P.S.- 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. Bishweshwar Ram
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 24-04-2026 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 14 cases out of which 12 cases are
under the Excise Act and allegation is of recovery of 135 liters
of liquor from a motorcycle.
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 is not the
owner of the seized vehicle and he came to be implicated at the
Patna High Court CR. MISC. No.26345 of 2026(2) dt.24-04-2026
2/2
instance of Chowkidar with whom he is on an inimical term. It
is also submitted that if Chowkidar was aware of the
involvement of the petitioner in the occurrence then why he did
not inform the police prior to institution of the instant FIR
which casts an aspersion on the case of the prosecution. It is
also submitted that petitioner is in custody since 21.02.2026 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 Kundwa
Chainpur P.S. Case No. 300 of 2025.
(Satyavrat Verma, J)
Rishabh/-
U T
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