Patna High Court
Saurav KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
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
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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//-
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