Patna High Court
Suraj Kumar @ Suraj Kumar (Driver)versusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court granted bail to the petitioner, subject to a monetary bond and conditions of appearance and conduct.
Summary
The petitioner, a driver named Suraj Kumar, was arrested in connection with an excise case where 95.895 litres of liquor were recovered from his vehicle, alleged to violate Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act. He contended that he had no knowledge of the goods, no incriminating material was found on him, and that he was falsely implicated, despite having one prior criminal antecedent and being in custody since 7 December 2025. The State opposed the bail application, while the petitioner’s counsel highlighted the lack of compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The court, after considering the facts and the period of custody, decided to grant bail subject to a bond of Rs.15,000 with two sureties and specific conditions regarding court appearances and future conduct. The bail order was pronounced by Justice Rudra Prakash Mishra, releasing the petitioner on the stipulated terms.
Issues considered
- Whether bail should be granted to the petitioner under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act.
- Whether the non‑compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, affects the bail decision.
- Whether the petitioner’s role as a driver without knowledge of the contraband negates the presumption of guilt.
Legislation cited
Subjects
- bail
- excise
- liquor seizure
- driver liability
- Section 30(a) Bihar Prohibition and Excise Act
- Section 32(3) Bihar Prohibition and Excise Act
- Section 103 Bharatiya Nagarik Suraksha Sanhita
- criminal antecedent
- court conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2890 of 2026
Arising Out of PS. Case No.-2025 Year-2025 Thana- Excise P.S. District- Muzaffarpur
======================================================
Suraj Kumar @ Suraj Kumar (Driver) Son of Ramdeen Resident of Behta
Bhawani, P.S.- Beghapur, District- Unnao (Uttar Pradesh)
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Raju Kumar, Advocate
For the Opposite Party/s : Mr.Nand Kumar, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 19-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with Excise
P.S. Case No. 2025 of 2025, instituted for the offences
punishable under Sections 30(a) and 32(3) of the Bihar
Prohibition and Excise Act.
3. The prosecution case, in short, is that total 95.895
liters liquor was recovered from car.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
present case. No incriminating material has been recovered from
the conscious possession of the petitioner. The petitioner has got
no concern with the alleged recovery of liquor. Learned counsel
further submitted that the petitioner is driver of the vehicle and
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he has no knowledge regarding the goods loaded in the vehicle.
The petitioner is in custody since 07.12.2025 and has got one
criminal antecedent. There is no compliance of Section 103 of
the Bharatiya Nagarik Suraksha Sanhita, 2023.
5. Learned APP for the State has vehemently opposed
the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances
of the case and the period of custody undergone by the
petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail, after framing
of charge, if not already framed, on furnishing bail bonds of
Rs. 15,000/- (Rupees Fifteen Thousand) with two sureties of the
like amount each to the satisfaction of Court below/concerned
Court in connection with Excise P.S. Case No. 2025 of 2025,
subject to the following conditions:
(I) One of the bailors shall be own/close member of
the family of the petitioner.
(II) The petitioner shall appear on each and every date
fixed at the trial. In case of default in such appearance on two
consecutive dates, the Trial Court will have liberty to cancel the
bail bonds of the petitioner.
(III) If the petitioner is found involved in similar
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nature of offence in future, the Trial Court will have the liberty
to cancel the bail bonds of the petitioner.
(Rudra Prakash Mishra, J)
manish/-
U T
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