Patna High Court
Sujit KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The Court granted bail to the petitioner on a bond of Rs.10,000 with conditions, despite the alleged procedural lapses and prior convictions.
Summary
The petitioner, Sujit Kumar, was arrested on 18 February 2026 after police recovered 7.920 litres of foreign liquor allegedly in his bag, charging him under Section 30(a) of the Bihar Prohibition and Excise Act. He contended that the liquor was not in his conscious possession and that the investigation violated procedural requirements of Section 100 of the Criminal Procedure Code and Section 103 of the Bihar Narcotic Substances (BNSS) Act. The prosecution opposed bail, noting four prior criminal convictions, but the petitioner argued he was already on bail in a related matter. The High Court considered the facts, the alleged procedural lapses, and the petitioner’s antecedents, and decided to grant bail on a bond of Rs.10,000 with two sureties, subject to conditions of cooperation, appearance, non‑tampering with evidence, and verification of antecedents. The order directed that bail should not be delayed for verification purposes.
Issues considered
- Whether bail should be granted to the accused in an offence under Section 30(a) of the Bihar Prohibition and Excise Act despite alleged procedural violations and prior criminal antecedents.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
- Criminal Procedure Code — s. 100
Subjects
- bail
- excise offence
- foreign liquor
- Section 30(a)
- procedural lapse
- criminal antecedent
- Criminal Procedure Code
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.33575 of 2026
Arising Out of PS. Case No.-43 Year-2026 Thana- Excise P.S. District- Saran
======================================================
Sujit Kumar Son of Laxman Prasad Resident of Village- Salapatganj, Takkar
More, Gudri Bazar, P.S.- Bhagwan Bazar, District- Saran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ajay Kumar Tiwary, Advocate
For the Opposite Party/s : Mr. Pushpa Sinha.1, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 14-05-2026 Heard Mr. Ajay Kumar Tiwary, learned counsel for
the petitioner and Mr. Pushpa Sinha.1, learned Additional Public
Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
18.02.2026 in connection with Sadar Excise P.S. Case No.
43/2026, F.I.R. dated 17.02.2026 for the offences punishable
under Section 30(a) of the Bihar Prohibition and Excise Act.
3. Recovery is of 7.920 liters of foreign liquor from
the bag of the petitioner.
4. Learned counsel for the petitioner submits that
petitioner is innocent and he has falsely been 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
conscious possession of the petitioner. He further submits that
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there is non-compliance of Section 100 of Cr.P.C/103 of BNSS.
He further submits that the police after investigation submitted
the charge sheet against the petitioner. The petitioner is in
custody since 18.02.2026.
5. The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner and
submits that petitioner carries four criminal antecedents but
fairly submits on the basis of paragraph-3 of the bail application
that the petitioner is on bail in the said matter.
6. Considering the aforesaid facts and circumstances,
let the petitioner, above named, be released on bail on furnishing
bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of
the like amount each to the satisfaction of the learned Exclusive
Special Judge, Excise Court No. 3rd Saran at Chapra in
connection with Sadar Excise P.S. Case No. 43/2026, subject to
the following conditions:-
i. 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.
ii. If the petitioner tampers with the evidence or the
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witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iii. 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 antecedent, 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)
atul/-
U T
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