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Patna High Court

Saurabh Suman @ Saurav Suman @ Saurav KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted anticipatory bail to the petitioner, subject to specified conditions.

Summary

The petitioner, Saurabh Suman, the owner of a truck, was implicated in a case involving the seizure of 1,200.96 litres of illicit liquor under the Bihar Prohibition and Excise Act. He argued that the liquor was recovered from the vehicle, not from his conscious possession, and that the seizure violated mandatory procedures under Section 100 of the Cr.P.C. and Section 103 of the Bhartiya Nagarik Suraksha Sanhita. The State opposed anticipatory bail, invoking Section 76(2) of the Bihar Prohibition and Excise Act. Relying on the Full Bench decision in Ram Vinay Yadav v. State of Bihar, the court granted anticipatory bail subject to a Rs.10,000 bond, two sureties, and several conditions including cooperation with the trial and no tampering of evidence. The bail order also directed verification of the petitioner’s criminal antecedent without delaying the acceptance of the bond.

Issues considered

  • Whether anticipatory bail can be granted when the alleged contravention involves seizure of liquor not in the petitioner's conscious possession.
  • Whether Section 76(2) of the Bihar Prohibition and Excise Act bars anticipatory bail in such circumstances.
  • Whether procedural lapses in seizure under Section 100 Cr.P.C. and Section 103 of the Bhartiya Nagarik Suraksha Sanhita affect bail eligibility.

Legislation cited

Subjects

  • anticipatory bail
  • Bihar Prohibition and Excise Act
  • seizure procedure
  • criminal procedure
  • Bhartiya Nagarik Suraksha Sanhita
  • bail conditions
  • procedural lapse

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.28468 of 2026
                          Arising Out of PS. Case No.-29 Year-2026 Thana- Bahera District- Gaya
                 ======================================================
                 Saurabh Suman @ Saurav Suman @ Saurav Kumar S/o Suresh Prasad
                 Resident of Village/ Mohalla - New Area, Maharana Pratap Nagar, P.S.-
                 Aurangabad Town, District- Aurangabad, Bihar

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Gajendra Kumar Singh, Advocate
                 For the Opposite Party/s :        Mr. Rana Randhir Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   23-04-2026                  Heard Mr. Gajendra Kumar Singh, learned counsel for

                   the petitioner and Mr. Rana Randhir Singh, learned Additional

                   Public Prosecutor for the State.

                                   2. The petitioner is apprehending his arrest in

                   connection with Bahera P.S. Case No. 29/2026, F.I.R. dated

                   12.02.2026 for the offences punishable under Section 30(a) of

                   the Bihar Prohibition and Excise Act.

                                   3. Recovery is of 1200.96 liters of illicit Indian

                   made foreign liquor from the truck.

                                   4. Learned counsel for the petitioner submits that

                   the petitioner has clean antecedent and has falsely been

                   implicated in the present case. The petitioner has no concern at

                   all with the alleged recovery of liquor. He further submits that it
Patna High Court CR. MISC. No.28468 of 2026(2) dt.23-04-2026
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          appears from the F.I.R. as well as seizure list that nothing has

          been recovered from conscious possession of the petitioner

          rather the recovery has been made from the vehicle in question

          and the petitioner has been made accused in the present case

          merely on the basis that he is the owner of the vehicle in

          question. There is non-compliance with mandatory procedure

          prescribed for recovery under Section 100 of Cr.P.C / Section

          103 of Bhartiya Nagarik Suraksha Sanhita. No case, whatsoever,

          would be made out against the petitioner under the Bihar

          Prohibition and Excise Act.

                          5. The learned Additional Public Prosecutor has

          vehemently opposed the prayer for anticipatory bail of the

          petitioner referring the provision contained in Section 76(2) of

          the Bihar Prohibition and Excise Act and submitted that the pre-

          arrest bail would not be maintainable.

                          6. This court is aware of the decision of the Full

          Bench in the case of Ram Vinay Yadav vs. State of Bihar

          reported in 2019(2) P.L.J.R. 1089. Having regard to the law laid

          down in the aforesaid judgment and the submission advanced on

          behalf of the parties, this Court, for the limited purpose of grant

          of anticipatory bail, is inclined to accept the submission of

          counsel for the petitioner.
Patna High Court CR. MISC. No.28468 of 2026(2) dt.23-04-2026
                                            3/4




                          7. Considering the aforesaid facts, nothing has been

          recovered from conscious possession of the petitioner, let the

          petitioner, above named, in the event of his arrest or surrender

          before the court below within a period of thirty days from the

          date of receipt of the order, be released on bail on furnishing

          bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of

          the like amount each to the satisfaction of the learned Exclusive

          Special Judge, Excise-5, Gaya in connection with Bahera P.S.

          Case No. 29/2026, subject to the conditions as laid down under

          Section 438(2) of the Code of Criminal Procedure / Section

          482(2) of the Bhartiya Nagarik Suraksha Sanhita and with other

          following conditions:-

                          i. Petitioner shall co-operate in the trial and shall be

          properly represented on each and every date fixed by the court

          and shall remain physically present as directed by the court and

          on his absence on two consecutive dates without sufficient

          reason, his bail bond shall be cancelled by the Court below.

                          ii. If the petitioner tampers with the evidence or the

          witnesses, in that case, the prosecution will be at liberty to move

          for cancellation of bail.

                       iii. And further condition that the court below shall

          verify the criminal antecedent of the petitioner and in case at
             Patna High Court CR. MISC. No.28468 of 2026(2) dt.23-04-2026
                                                         4/4




                       any stage it is found that the petitioner has concealed his

                       criminal antecedent, the court below shall take step for

                       cancellation of bail bond of the petitioner. However, the

                       acceptance of bail bonds in terms of the above-mentioned order

                       shall not be delayed for purpose of or in the name of

                       verification.



                                              (Rajesh Kumar Verma, J)
atul/-

U        T


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