Patna High Court
Suraj Kumar @ Suraj Kumar Yadav @ Suraj YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRAVEEN KUMAR
Holding
The Court granted regular bail to the petitioner.
Summary
The petitioner, Suraj Kumar, was arrested after a police chase and a search of his motorcycle yielded 81 litres of illicit Nepali liquor, leading to charges under Section 30(a) of the Bihar Prohibition and Excise Act. He claimed innocence, arguing that the search and seizure violated Section 105 of the B.N.S.S and that he does not own the motorcycle. The petitioner, a first‑offender with no prior criminal record, sought regular bail, while the State opposed the relief. After hearing both sides and reviewing the records, the Court found no compelling reason to deny bail. Accordingly, the Court ordered that the petitioner be released on bail upon furnishing a bail bond of Rs.10,000 with two sureties of equal amount, and the application was allowed.
Issues considered
- Whether the petitioner is entitled to regular bail in a case under Section 30(a) of the Bihar Prohibition and Excise Act.
- Whether the search and seizure of the liquor violated Section 105 of the B.N.S.S.
- Whether the petitioner’s claim of non‑ownership of the motorcycle affects bail eligibility.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
- B.N.S.S. — s. 105
Subjects
- bail
- prohibition law
- illegal liquor
- search and seizure
- Section 30(a)
- Section 105
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27720 of 2026
Arising Out of PS. Case No.-33 Year-2026 Thana- INARWA District- West Champaran
======================================================
Suraj Kumar @ Suraj Kumar Yadav @ Suraj Yadav S/o Motilal Prasad Yadav
R/o Village - Mirzapur, Ward No.1, PS - Langadi, District - Parsa (Nepal)
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Prerna Anand
For the Opposite Party/s : Mr.Arun Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
2 06-05-2026 Heard learned counsel for the petitioner and learned
A.P.P for the State.
2. The petitioner has preferred this application for
grant of regular bail in connection with Inarwa P.S. Case No. 33
of 2026 registered for the offences punishable under Section
30(a) of the Bihar Prohibition and Excise Act.
3. As per the allegation, petitioner was driving a
motorcycle and on seeing police, he started fleeing away, but
was apprehended. On being searched, altogether 81 litres of
illicit Nepali liquor was recovered from the possession of the
petitioner.
4. Learned counsel for the petitioner has submitted
that the petitioner is innocent and has falsely been implicated in
this case. It has been submitted that the search and seizure is in
Patna High Court CR. MISC. No.27720 of 2026(2) dt.06-05-2026
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violation of Section 105 of B.N.S.S. It has further been
submitted that petitioner is not the owner of the motorcycle in
question. The petitioner is the first offender and he is in custody
since 01.03.2026 having no criminal antecedent.
5. Learned APP for the State has vehemently opposed
the prayer for bail of the petitioner.
6. Heard the parties and perused the records.
7. Considering the aforesaid facts and circumstances
of the case, the petitioner above-named is directed to be
enlarged on bail on furnishing bail-bonds of Rs. 10,000/-
(Rupees Ten Thousand) with two sureties of the like amount
each to the satisfaction of learned Court concerned, Bettiah,
West Champaran, in connection with Inarwa P.S. Case No. 33 of
2026.
8. The application stands allowed.
(Praveen Kumar, J)
shivam/-
U T
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