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Patna High Court

Suraj KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court held that the accused is entitled to bail in the absence of conscious possession and proper investigation under Section 30(a) of the Bihar Excise Act.

Summary

Suraj Kumar was arrested in connection with the alleged recovery of 27 litres of liquor from an e‑rickshaw under Section 30(a) of the Bihar Excise Act. The petitioner contended that he was not arrested at the spot, no liquor was found in his conscious possession, he is not the owner of the vehicle, and the FIR does not disclose the informant, suggesting a lack of proper investigation. The State opposed bail. The court examined these submissions, noting the absence of direct evidence of possession and the procedural deficiencies in the investigation. Consequently, the court ordered the petitioner’s release on bail upon furnishing a bond of Rs. 5,000 with two sureties. The bail order was directed to be recorded in the trial court where the case is pending.

Issues considered

  • Whether bail should be granted to the accused in a case under Section 30(a) of the Bihar Excise Act given the alleged lack of conscious possession and procedural deficiencies.

Subjects

  • bail
  • excise law
  • Bihar Excise Act
  • Section 30(a)
  • criminal procedure
  • conscious possession
  • investigation

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.29624 of 2026
                      Arising Out of PS. Case No.-374 Year-2025 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
                 For the Opposite Party/s :       Mr.Narendra Kumar Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   04-05-2026               1.    Heard learned counsel for the petitioner and

                   learned A.P.P. for the State.

                             2.    The petitioner seeks bail in a case registered for the

                   offences punishable under Section 30(a) of the Bihar Excise

                   Act.

                             3.    Learned counsel for the petitioner submits that

                   petitioner has antecedent of eight cases under the Excise Act and

                   allegation is of recovery of 27 litres of liquor from an e-

                   rickshaw.

                             4.    Learned counsel for the petitioner submits that the

                   petitioner was not arrested from the spot as such nothing was

                   recovered from his conscious possession and is not the owner of

                   the seized vehicle and he came to be implicated at the instance

                   of local people, but then the name of the person, who disclosed
              Patna High Court CR. MISC. No.29624 of 2026(2) dt.04-05-2026
                                                          2/2




                        the name of the petitioner, is not disclosed in the FIR, which

                        casts an aspersion on the case of the prosecution, when

                        petitioner has not been implicated based on secret information.

                        It is further submitted that once an accused is implicated in a

                        case    relating     to    excise,      the   police   starts   implicating

                        mechanically either at the instance of Chowkidar, local person,

                        confessional statement or secret information without holding a

                        proper investigation. It is also submitted that petitioner is in

                        custody since 28-3-2026.

                                 5.     Learned A.P.P. for the State vehemently opposes

                        the prayer for bail of the petitioner.

                                 6.     Considering the submission made by learned

                        counsel for the petitioner, let the petitioner, above named, be

                        released on bail on furnishing bail bond of Rs. 5,000/- (Rupees

                        Five Thousand) with two sureties of the like amount each to the

                        satisfaction of the learned trial court where the case is

                        pending/successor court in connection with Sultanganj P.S. Case

                        No. 374 of 2025.



                                                  (Satyavrat Verma, J)
Sumit/-

U         T


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