Patna High Court
Suraj KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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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