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Patna High Court

Suraj KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Anticipatory bail was granted subject to a bond of Rs 10,000, two sureties of the same amount, and conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Summary

The petitioner, a 19‑year‑old resident of Mocharim, sought anticipatory bail after police recovered 83.5 litres of illicit foreign liquor from a house he shares with family members. The prosecution alleged that the liquor was seized under Section 30(a) of the Bihar Prohibition and Excise Act and that the petitioner fled the scene. The petitioner’s counsel argued that he had no knowledge of the liquor, that the property is a shared family house, that there is no material linking him to the seizure, and that he has a clean antecedent. The State opposed the bail, contending that the seizure was lawful. Considering the petitioner’s youth, clean record, and the nature of the allegation, the court granted anticipatory bail subject to a bond of Rs 10,000 with two sureties and conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under Section 30(a) of the Bihar Prohibition and Excise Act.
  • Whether the petitioner’s age, clean antecedent, and lack of direct possession of the seized liquor justify bail.
  • Whether conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, may be imposed.

Legislation cited

Subjects

  • anticipatory bail
  • prohibition and excise
  • illicit liquor
  • clean antecedent
  • young age
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.27900 of 2026
                       Arising Out of PS. Case No.-114 Year-2026 Thana- BODHGAYA District- Gaya
                 ======================================================
                 Suraj Kumar son of Sanjay Sao, Resident of Village - Mocharim Ps- Bodh
                 Gaya, Dist- Gaya.
                                                                           ... ... Petitioner/s
                                                 Versus
                 The State of Bihar.                               ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Sunil Kumar, Advocate.
                 For the Opposite Party/s :       Ms. Indu Kumari Srivastava, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                       ORAL ORDER

2   29-04-2026                  1. Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. The petitioner apprehends his arrest in connection

                   with Bodhgaya P.S. Case No.114 of 2026 instituted under

                   Sections 30(a) of the Bihar Prohibition and Excise Act.

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

                   83.50 liters illicit foreign liquor from the house of petitioner. It is

                   alleged that petitioner fled away from the spot on seeing the

                   Police team.

                                4. Learned counsel for the petitioner submits that

                   petitioner is innocent and has been falsely implicated in this case.

                   He further submits that petitioner has no concern with the alleged

                   seized liquor and the house from where the alleged recovery has

                   been made is shared family property, accessible to multiple

                   family members and other persons. Learned counsel submits that

                   there is no material against the petitioner and no incriminating
              Patna High Court CR. MISC. No.27900 of 2026(2) dt.29-04-2026
                                                          2/2




                        article has been recovered from his conscious possession. He

                        further submits that there is no independent witness to the seizure

                        list. Learned counsel submits that petitioner is a young boy aged

                        about 19 years, having got clean antecedent and he undertakes to

                        cooperate in the investigation and trial of the case.

                                     5. Learned A.P.P. for the State opposes the prayer for

                        anticipatory bail.

                                     6. Considering the facts and circumstances of the case,

                        submissions of learned counsel for the parties and the nature of

                        allegation leveled against the petitioner, his clean antecedent as

                        well as the young age of 19 years of petitioner, in the event of

                        arrest or surrender before the Court below within six weeks from

                        today, the petitioner be released on bail upon furnishing bail

                        bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties

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

                        Exclusive Special Excise Judge, Court No.1, Gaya/ concerned

                        Court in connection with Bodhgaya P.S. Case No.114 of 2026,

                        subject to the conditions laid down in Section 482(2) of the

                        Bharatiya Nagarik Suraksha Sanhita, 2023.



                                                (Sunil Dutta Mishra, J)
Ritik/-

U         T


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