Created by Fuzzy Cloud

Patna High Court

Suraj KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.