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Patna High Court

Suraj Pandey @ Suraj Kumar PandeyversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court granted regular bail to the petitioner.

Summary

Suraj Pandey was charged under sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act for allegedly being involved in the recovery of 105 litres of country‑made liquor, a claim based solely on the statement of co‑accused Rohit. The petitioner argued that he was not apprehended at the scene, no liquor was found in his possession, and he had been in judicial custody since 7 March 2026. The State opposed his regular bail application. After hearing both sides, the Patna High Court found no material reason to deny bail and ordered his release on a bail bond of Rs 10,000 with two sureties, subject to the satisfaction of the Special Judge of the Excise Court, Aurangabad.

Issues considered

  • Whether the petitioner is entitled to regular bail despite being named by a co‑accused and facing charges under sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act.

Legislation cited

Subjects

  • bail
  • excise
  • prohibition act
  • section 30
  • section 32
  • co‑accused
  • judicial custody

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.28473 of 2026
                     Arising Out of PS. Case No.-903 Year-2025 Thana- Excise P.S. District- Aurangabad
                 ======================================================
                 Suraj Pandey @ Suraj Kumar Pandey S/o- Ram Tapasaya Pandey Village-
                 Kasimpur PO- Ankupa, PS- Kutumba District- Aurangabad

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr. Uma Kant Mishra, Advocate
                 For the Opposite Party/s :         Mr. Umesh Lal Verma, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   05-05-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for regular bail in a case

                   registered for the offence punishable under sections 30(a) and

                   32(3) of the Bihar Prohibition and Excise Act.

                                3. The case of the prosecution is that from a plastic

                   bag, altogether 105 liters of country made liquor was recovered.

                   One Rohit was apprehended and he has named this petitioner.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has committed no offence. Learned

                   counsel for the petitioner has submitted that nothing has been

                   recovered from the possession of the petitioner. Learned counsel

                   has submitted that he was not apprehended on spot. His name

                   has transpired on the disclosure made by co-accused Rohit. He
            Patna High Court CR. MISC. No.28473 of 2026(2) dt.05-05-2026
                                                        2/2




                      has no concern with the alleged recovery. Moreover, he is

                      languishing in judicial custody since 07.03.2026. Learned

                      counsel has further submitted that Rohit has already been

                      granted bail by this court vide Cr. Misc. No. 87055 of 2025.

                                   5. Learned APP appearing for the State has

                      vehemently opposed the prayer of regular bail.

                                   6. Having heard learned counsel for the parties and

                      considering the facts and circumstances of the case, this court is

                      inclined to enlarge the petitioner on bail. The above named

                      petitioner is directed to be released on bail in connection with

                      Excise Sadar Aurangabad P.S. Case No. 903 of 2025 on

                      furnishing bail bond of Rs.10,000/- (ten thousand) with two

                      sureties of the like amount each to the satisfaction of learned

                      Special Judge Excise Court No. 2, Aurangabad (Bihar).



                                            (Ashok Kumar Pandey, J)
Shubham/-

U     T


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