Patna High Court
Suraj Kumar @ Nandlal Kumar @ Nandlal YadavversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted bail to the petitioner.
Summary
The petitioner, Suraj Kumar, was arrested in connection with a case registered under Sections 30(a), 37, 41 and 47 of the Bihar Prohibition and Excise (Amendment) Act after police seized 736.200 litres of illicit foreign liquor. The prosecution alleged that the petitioner was part of a group transporting the liquor, while the petitioner contended that nothing was recovered from his possession and that he was merely a passer‑by, his involvement based only on a confessional statement. He had been in judicial custody since 12 March 2026 and applied for bail. The State opposed the bail application. After hearing both sides, the High Court considered the facts, the nature of the offence and the lack of direct possession by the petitioner. The Court granted bail on a bond of Rs.10,000 with two sureties.
Issues considered
- Whether bail should be granted to the petitioner charged under the Bihar Prohibition and Excise (Amendment) Act for alleged transport of illicit liquor.
- Whether the petitioner’s alleged involvement, based solely on a confessional statement and absence of seized possession, warrants denial of bail.
Legislation cited
- Bihar Prohibition and Excise (Amendment) Act — s. 30(a), 37, 41, 47
Subjects
- bail
- prohibition act
- excise law
- illicit liquor
- criminal procedure
- confessional statement
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30877 of 2026
Arising Out of PS. Case No.-71 Year-2026 Thana- KARJA District- Muzaffarpur
======================================================
Suraj Kumar @ Nandlal Kumar @ Nandlal Yadav Son of Late Jaylal Ray @
Jaylal Prasad R/O Village- Ganj Gaurihar (Wrongly mentioned as Ganj
Bazar), P.S.- Sakra (Now Bariyarpur), District- Muzaffarpur
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Hari Kishore Thakur, Advocate
For the Opposite Party/s : Mr. Shailendra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 24-06-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection
with Karja P.S. Case No.71 of 2026 registered for the offence
punishable under Sections 30(a), 37, 41 and 47 of the Bihar
Prohibition and Excise(Amendment) Act.
3. The case of the prosecution, in short, is that police
had secret information that huge amount of liquor was being
transported and unloaded. The police reached at the place of
occurrence and four persons were apprehended; rest managed to
flee away. The petitioner is one among them. When the vehicles
were searched, there was huge amount of illicit liquor.
Altogether 736.200 litre of illicit foreign liquor was recovered.
On being asked the petitioner disclosed that illicit liquor was
being transported at their instance.
Patna High Court CR. MISC. No.30877 of 2026(2) dt.24-06-2026
2/2
4. Learned counsel appearing on behalf of the
petitioner has submitted that nothing has been recovered from
the possession of the petitioner. It has further been submitted
that the petitioner has been framed in this case on the basis of
his confessional statement. It has further been submitted that the
petitioner is merely a passer-by and he has nothing to do with
the illicit recovery of the liquor. It has lastly been submitted that
the petitioner is in judicial custody since 12.03.2026.
5. The application for bail is opposed by learned APP
for the State.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties
of the like amount each to the satisfaction of the court of learned
Exclusive Special Excise court-II, Muzaffarpur in connection
with Karja P.S. Case No.71 of 2026.
(Ashok Kumar Pandey, J)
durgesh/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.