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Patna High Court

Suraj KumarversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

Anticipatory bail was not granted and the petition was dismissed.

Summary

Suraj Kumar applied for anticipatory bail fearing arrest in connection with PS Mairwa Case No. 247 of 2020, which involved the recovery of 246.4 ml of illicit foreign liquor under Section 30(a) of the Bihar Prohibition and Excise Act. His name was linked to the case through a self‑incriminating statement of a co‑accused, and he is reported to be an absconder. The petitioner asserted his innocence, stating that no incriminating article was found in his possession and that he has a clean antecedent. The State opposed the bail, arguing the seriousness of the offence and the quantity of liquor recovered. The Court, after considering the facts and the seriousness of the alleged offence, declined to grant anticipatory bail and dismissed the application, noting that its observations were only prima facie and would not affect the trial.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under the circumstances of the case
  • Whether the allegations under Section 30(a) of the Bihar Prohibition and Excise Act justify denial of anticipatory bail

Legislation cited

Subjects

  • anticipatory bail
  • Bihar Prohibition and Excise Act
  • illicit liquor
  • Section 30(a)
  • bail denial
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.27191 of 2026
                       Arising Out of PS. Case No.-247 Year-2020 Thana- MAIRWAN District- Siwan
                 ======================================================
                 Suraj Kumar S/o Anil Prasad R/o Mairwa, P.S.- Mairwa, Distt.- Siwan

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Sanjay Kumar, Advocate
                 For the Opposite Party/s :       Mr. Mritunjay Kumar Nirala, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   06-05-2026                  Heard learned counsel for the parties.

                                2. The petitioner apprehends his arrest in connection

                   with Mairwa P.S. Case No. 247 of 2020, registered for offences

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

                   Excise Act.

                                3. In a case of year 2020, there is recovery of 246.400

                   Ml of illicit foreign liquor. The petitioner name has surfaced in

                   this case on the basis of self inculpatory statement of co-accused

                   person. The petitioner is an absconder.

                                4. Learned counsel for the petitioner submits that

                   petitioner is quite innocent and has not committed any offence.

                   No incriminating article has been recovered from the conscious

                   possession of the petitioner. Petitioner has clean antecedent.
            Patna High Court CR. MISC. No.27191 of 2026(2) dt.06-05-2026
                                                        2/2




                                   5. Learned APP for the State has vehemently opposes

                      the prayer for bail.

                                   6. Considering the facts and circumstances of the case

                      and quantity of alleged recovery, this Court is not inclined to

                      grant the privilege of anticipatory bail to the petitioner, this

                      application is dismissed.

                                   7. It is made clear that any observation made herein is

                      prima facie in nature and limited solely for the purpose of

                      adjudication of the present bail application. Such observations

                      shall not be construed as an expression on the merits of the case

                      and shall not influence the trial or any other proceedings in any

                      manner.


                                                         (Sandeep Kumar, J)

Ranjeet/-

U      T


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