Patna High Court
Suraj KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court allowed the bail application, granting bail with specified conditions.
Summary
The petitioner, Suraj Kumar, applied for bail in a case registered under Section 30(a) of the Bihar Prohibition and Excise Act for alleged possession of 80 litres of country-made liquor. The prosecution alleged that the liquor was recovered near Suraj Lodge and that the petitioner’s name was identified by neighbours, while the petitioner contended that nothing was seized from his possession and that the police failed to comply with Section 105 of the BNSS during the seizure. The State opposed bail, citing the petitioner’s eight prior similar offences. After hearing both sides, the Court granted bail subject to conditions including cooperation in trial, physical presence at each hearing, a near relative as bailor, weekly attendance at the police station, and a bail bond of Rs.10,000 with two sureties. The order was pronounced by Justice Ashok Kumar Pandey.
Issues considered
- Whether bail should be granted to the petitioner under Section 30(a) of the Bihar Prohibition and Excise Act despite alleged seizure and prior criminal antecedents
- Whether the alleged non‑compliance with Section 105 of the BNSS by the police affects the bail application
Legislation cited
- Bihar Narcotic Substances (BNSS) Act — s. 105
- Bihar Prohibition and Excise Act — s. 30(a)
Subjects
- bail
- Bihar Prohibition and Excise Act
- Section 30(a)
- Section 105 BNSS
- excise offence
- criminal antecedent
- seizure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29201 of 2026
Arising Out of PS. Case No.-19 Year-2026 Thana- SULTANGANJ District- Patna
======================================================
Suraj Kumar S/O Late Gulab Sao R/O Shivpur Tikiyatoli, P.S- Sultanganj,
Dist.- Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Mithilesh Kumar Arya, Advocate
For the Opposite Party/s : Mr. Shyam Bihari Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
3 13-05-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection
with Sultanganj P.S. Case No.19 of 2026 registered for the
offence punishable under Sections 30(a) of the Bihar Prohibition
and Excise Act.
3. The case of the prosecution, in short, is that
altogether 80 litre of country made liquor was recovered near
Suraj lodge. It is further alleged that the name of this petitioner
has been disclosed by the neighbourers.
4. Learned counsel appearing on behalf of the
petitioner has submitted that nothing has been recovered from
the possession of this petitioner. It has further been submitted
that the witnesses of the seizure list are police personnel and
police have not complied Section 105 of the BNSS while
Patna High Court CR. MISC. No.29201 of 2026(3) dt.13-05-2026
2/2
making seizure. It has further been submitted that the petitioner
is languishing in judicial custody since 06.04.2026.
5. The application for bail is opposed by learned APP
for the State. He has further submitted that the petitioner is
having criminal antecedent of eight cases of similar nature.
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 with the condition that
the petitioner shall co-operate in trial; shall remain physically
present on each and every date; one of the bailor shall be near
relative of the petitioner and the petitioner shall also mark his
weekly attendance at Sultanganj P.S. The above named
petitioner is directed to be enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties
of the like amount each to the satisfaction of the court of learned
Exclusive Special Court of Excise, Patna City, Patna, in
connection with Sultanganj P.S. Case No.19 of 2026.
(Ashok Kumar Pandey, J)
Durgesh/-
Rohit/-
U T
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