Patna High Court
Karu TuriyaversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- KHATIM REZA
Holding
The court allowed the bail application, granting bail to the petitioners subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Summary
The petitioners, Karu Turiya and Sanoj Kumar, were implicated in an excise case for alleged recovery of 73.5 litres of foreign liquor and 12 litres of canned beer from four motorcycles found in Chafail forest. They argued that the seized vehicles did not belong to them and that no incriminating articles were found in their possession or residence, claiming they were falsely implicated based on secret information. The State opposed their bail, citing the seriousness of the offences under Sections 30(a) and 47 of the Bihar Prohibition and Excise Act, 2016. The High Court, after considering the facts and submissions, granted bail to both petitioners upon furnishing bonds and sureties, subject to conditions imposed under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. The bail order also imposed specific compliance requirements for petitioner no. 2, including cooperation in trial and restrictions on tampering with evidence.
Issues considered
- Whether the petitioners are entitled to bail in an excise case under Sections 30(a) and 47 of the Bihar Prohibition and Excise Act, 2016.
- Whether the circumstances of the seizure justify denial of bail under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
- Whether the petitioners' alleged lack of possession of the seized liquor negates the ground for arrest.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
- Bihar Prohibition and Excise Act — s. 30(a), 47
Subjects
- bail
- excise offence
- illegal liquor
- Bihar Prohibition and Excise Act
- Bharatiya Nagarik Suraksha Sanhita
- Section 30(a)
- Section 47
- Section 482(2)
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29219 of 2026
Arising Out of PS. Case No.-203 Year-2026 Thana- Excise P.S. District- Nawada
======================================================
1. Karu Turiya S/O Tukan Turiya R/O Vill.- Basraun, P.S.- Rajauli, Dist.-
Nawada.
2. Sanoj Kumar S/O Deval Prasad Yadav @ Devender Kumar R/O Vill.-
Kumharua, P.S.- Rajauli, Dist.- Nawada.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Arvind Kumar, Advocate
For the Opposite Party/s : Mr.Ganesh Prasad Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE KHATIM REZA
ORAL ORDER
2 06-05-2026 Heard learned counsel for the petitioners and learned
Additional Public Prosecutor for the State.
2. The petitioners apprehend arrest in connection with
Excise PS. Case No. 203 of 2026 dated 23.2.2026 instituted
under Sections 30(a) and 47 of the Bihar Prohibition and Excise
Act, 2016.
3. The allegation is of recovery of 73.500 litres of
foreign liquor and 12 litres of canned beer from four different
motorcycles. It is alleged that all the four motorcycles were
found standing on the Chafail forest and no one was arrested at
the spot.
4. Learned counsel for the petitioners submits that the
Patna High Court CR. MISC. No.29219 of 2026(2) dt.06-05-2026
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petitioners are innocent and they have been falsely implicated in
the present case. It is further submitted that no incriminating
article has been recovered either from the conscious possession
of the petitioners or from their house; rather, the seized illicit
liquor and canned beer were recovered from four different
motorcycles in the Chafail forest and the said seized
motorcycles do not belong to the petitioners. The petitioners
have been made accused in this case only on the basis of secret
information. Lastly, it is submitted that petitioner no. 1 has no
criminal antecedents, whereas petitioner no. 2 has one criminal
case pending against him.
5. Learned APP has opposed the prayer for bail.
6. Having considered the facts and circumstances of
the case and submissions of learned counsel for the parties, in
the event of arrest or surrender before the Court below within
six weeks from today, the petitioners be released on bail upon
furnishing bail bonds of Rs. 10,000/- (ten thousand) each with
two sureties of the like amount each to the satisfaction of the
learned Exclusive Special Court Excise-II, Nawada, in Excise
PS. Case No. 203 of 2026, subject to the conditions laid down in
Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita 2023
and further (i) that petitioner no. 2 shall co-operate in the trial
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and shall be properly represented on each and every date fixed
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) that one of the bailors will be the own blood
relation of petitioner no. 2, preferably father, mother, brother,
sister and/or wife, (iii) that the bailor shall also state on affidavit
that he will inform the court concerned if petitioner no. 2 is
made accused in any other case of similar nature after his
release in the present case and thereafter the court below will be
at liberty to initiate the proceeding for cancellation of bail on the
ground of misuse, and (iv) that if petitioner no. 2 tampers with
the evidence or the witnesses, in that case, the prosecution will
be at liberty to move for cancellation of bail.
7. The application stands allowed.
(Khatim Reza, J)
shyambihari/-
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