Patna High Court
Suraj KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
Bail was granted to the petitioner.
Summary
Suraj Kumar applied for bail in a criminal case (PS Case No. 74 of 2025) involving offences under Sections 336(3), 274, 275 and 3(5) of the Bihar Narcotic Substances Act, 2023 and Sections 30(a) and 41(i) of the Bihar Excise Act. The petitioner has three prior cases, one relating to the alleged recovery of 1,330.2 litres of liquor from a pickup vehicle, but he was not caught in the act, no liquor was found in his possession, and he is not the vehicle's owner. He was implicated based on secret information, which his counsel argued is a weak basis for continued detention. Having been in custody since 10 February 2026, the petitioner assured the court of his cooperation and lack of flight risk. The State opposed bail, but the court, after considering the submissions, ordered his release on bail with a bond of Rs. 5,000 and two sureties of the same amount.
Issues considered
- Whether bail should be granted to the petitioner in offences under the Bihar Narcotic Substances Act, 2023 and the Bihar Excise Act given the circumstances of alleged involvement and prior cases.
Legislation cited
- Bihar Narcotic Substances Act, 2023 — s. 274, 275, 336(3), 3(5)
Subjects
- bail
- excise
- criminal procedure
- secret information
- possession
- prior cases
- bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26431 of 2026
Arising Out of PS. Case No.-74 Year-2025 Thana- SHIVAJINAGAR District- Samastipur
======================================================
Suraj Kumar Son of Shatrudhan Mandal @ Shathrudhn Mandal Resident of
village - Dahiyar, Ranna, Police Station - Shivajinagar, District - Samastipur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pramod Kumar Singh, Advocate
For the Opposite Party/s : Mr. Shyam Bihari Singh, APP
======================================================
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 Sections 336(3), 274, 275 and 3(5) of
the BNS, 2023 read with Sections 30(a) and 41(i) of the Bihar
Excise Act.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of three cases out of which one case is
under the Excise Act and allegation is of recovery of 1330.2
liters of liquor from a pick up vehicle.
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 came to be implicated based on
Patna High Court CR. MISC. No.26431 of 2026(2) dt.24-04-2026
2/2
secret information which is the easiest way to implicate
someone. 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 10.02.2026 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 Shivaji
Nagar P.S. Case No. 74 of 2025.
(Satyavrat Verma, J)
Rishabh/-
U T
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