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Patna High Court

Saurav KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted to the petitioner subject to specified conditions.

Summary

The petitioner, Saurav Kumar, was arrested on 3 March 2026 in connection with the seizure of 264.375 litres of foreign liquor alleged to be a violation of Section 30(a) of the Bihar Prohibition & Excise (Amendment) Act, 2022. He contended that the liquor was recovered from another individual's orchard and that no material was found in his conscious possession, asserting that he was falsely implicated. The State opposed bail, arguing that the petitioner was apprehended at the scene and has another pending case, though it also noted that the petitioner is already on bail in a separate matter. The Court observed that the seizure was not from the petitioner’s possession and that a co‑accused had previously been granted bail, and therefore ordered the petitioner’s release on bail with a bond of Rs.10,000 and two sureties, subject to conditions regarding cooperation, presence, non‑tampering with evidence, and verification of criminal antecedents. The bail order was issued without delay for verification purposes.

Issues considered

  • What is the appropriateness of granting bail to the petitioner under Section 30(a) of the Bihar Prohibition & Excise (Amendment) Act, 2022 given the lack of conscious possession?
  • Does the fact that a co‑accused was previously granted bail influence the bail decision for the petitioner?

Subjects

  • bail
  • prohibition law
  • excise
  • illegal liquor
  • criminal procedure
  • suspicion
  • possession
  • Bihar

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.30739 of 2026
                       Arising Out of PS. Case No.-40 Year-2026 Thana- BIHPUR District- Bhagalpur
                 ======================================================
                 Saurav Kumar S/O Rajesh Kumar Choudhary Resident of village- Jairampur,
                 P.S- Jhandapur, District- Bhagalpur.

                                                                                   ... ... Petitioner/s
                                                        Versus
                 The State of Bihar Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Sunil Kumar Singh, Advocate
                 For the State            :        Mr. Md. Iftekhar Mahmood, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   07-05-2026                    Heard Mr. Sunil Kumar Singh, learned counsel for the

                   petitioner and Mr. Md. Iftekhar Mahmood, learned APP for the

                   State.

                                 2. Petitioner seeks bail, who is in custody since

                   03.03.2026, in connection with Bihpur P.S. Case No. 40 of 2026,

                   F.I.R. dated 03.03.2026 registered for the offences punishable

                   under Sections 30(a) of the Bihar Prohibition & Excise

                   (Amendment ) Act 2022.

                                 3. Recovery is of 264.375 litres of country made foreign

                   liquor.

                                 4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and he has been falsely implicated in the

                   present case. He further submits that it appears from the F.I.R. as

                   well as seizure list that nothing has been recovered from the
Patna High Court CR. MISC. No.30739 of 2026(2) dt.07-05-2026
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          conscious possession of the petitioner rather recovery has been

          made from the Sachita Sharma’s Litchi orchard located at Amarpur

          Bahiyar and petitioner has been made accused merely on the basis

          of suspicion and except the suspicion, nothing has come during

          investigation to suggest the involvement of the petitioner in the

          present occurrence. He further submits that co-accused person,

          namely, Ranjan Yadav whose name has been transpired on the

          basis of disclosure made by local choukidar has been granted bail

          by this Court vide order dated 15.04.2026 passed in Cr. Misc. No.

          24374 of 2026 and the petitioner is in custody since 03.03.2026.

                       5. The learned Additional Public Prosecutor for the

          State has vehemently opposed the prayer for bail of the petitioner

          and submits that the petitioner was apprehended from the place of

          occurrence and apart from that the petitioner carries one more case

          other than the present one but fairly submits on the basis of

          paragraph-3 of the bail petition that the petitioner is on bail in the

          pending matter.

                       6. Considering the facts and circumstances of the case

          and the fact that nothing has been recovered from the conscious

          possession of the petitioner and co-accused person has been

          granted bail by this Court, let the petitioner, above named, be

          released on bail on furnishing bail bond of Rs. 10,000/- (Rupees

          Ten Thousand) with two sureties of the like amount each to the
               Patna High Court CR. MISC. No.30739 of 2026(2) dt.07-05-2026
                                                           3/3




                         satisfaction of       learned      Exclusive Special Excise Judge 1 st,

                         Bhagalpur (Camp Court at Naugachia), Bhagalpur in connection

                         with Bihpur P.S. Case No. 40 of 2026, subject to the following

                         conditions :-

                                      (1) Petitioner shall co-operate in the trial and shall be

                         properly represented on each and every date fixed by the Court

                         and shall remain physically present as directed by the Court and on

                         his absence on two consecutive dates without sufficient reason, his

                         bail bond shall be cancelled by the Court below.

                                      (2) If the petitioner tampers with the evidence or the

                         witness, in that case, the prosecution will be at liberty to move for

                         cancellation of bail.

                                      (3) And, further condition that the court below shall

                         verify the criminal antecedent of the petitioner and in case at any

                         stage, it is found that the petitioner has concealed his criminal

                         antecedents, the court below shall take step for cancellation of bail

                         bond of the petitioner. However, the acceptance of bail bonds in

                         terms of the above-mentioned order shall not be delayed for

                         purpose of or in the name of verification.



                                                                       (Rajesh Kumar Verma, J)
Ibrar//-

U          T


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