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Patna High Court

Suraj Kumar @ GorelalversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioner.

Summary

The petitioner, Suraj Kumar, was arrested on 2 March 2026 for allegedly recovering 750 litres of liquor from a bush and for the seizure of a motorcycle, charges under Section 111(2) of the Bihar Narcotic Substances Act and Section 30(a) of the Bihar Prohibition and Excise Act, 2016. He pleaded that he has a clean antecedent, does not own the seized vehicle, and that the alleged incident occurred on land not belonging to him, though he resides nearby. The petitioner applied for bail, arguing that the allegations do not warrant continued detention. The State opposed the bail application. After considering the submissions, the court ordered the petitioner’s release on bail upon furnishing a bail bond of Rs.5,000 with two sureties of the same amount, to be satisfied by the trial court where the case is pending.

Issues considered

  • Whether bail should be granted to the petitioner charged under Section 111(2) of the Bihar Narcotic Substances Act and Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

Legislation cited

Subjects

  • bail
  • criminal procedure
  • narcotic law
  • prohibition and excise
  • Section 111
  • Section 30
  • Patna High Court
  • Bihar

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.31518 of 2026
                     Arising Out of PS. Case No.-120 Year-2026 Thana- KAUWAKOL District- Nawada
                 ======================================================
                 Suraj Kumar @ Gorelal S/o Janki Singh R/o Village - Dania, PS - Kawakol,
                 District - Gaya

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Pramod Kumar Verma, Adv.
                 For the Opposite Party/s :      Mr. Chandra Bhushan Prasad, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   15-05-2026                  1. Heard learned counsel for the petitioner and learned

                   A.P.P. for the State Mr. Chandra Bhushan Prasad.

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

                   offence punishable under Sections 111(2) of BNS and Section

                   30(a) of Bihar Prohibition and Excise Act, 2016.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 750 litres of liquor from a bush and a motorcycle

                   was seized. It is next submitted that petitioner is not the owner

                   of the seized vehicle and even the alleged recovery is from a

                   place which does not belong to the petitioner but since petitioner

                   resides nearby the place of occurrence, as such he was arrested

                   and is in custody since 02.03.2026.

                                4. Learned A.P.P. opposes the prayer for bail of the
             Patna High Court CR. MISC. No.31518 of 2026(2) dt.15-05-2026
                                                         2/2




                       petitioner.

                                     5. Considering the submissions made by the learned

                       counsel for the petitioner, the petitioner above-named, is

                       directed to be released on bail on furnishing bail bonds of

                       Rs.5000/- (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 Kawakol

                       P.S. Case No.120/2026.



                                                            (Satyavrat Verma, J)
amit/-

U        T


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