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Patna High Court

Sujit KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
Patna High Court CR. MISC. No.33575 of 2026(2) dt.14-05-2026
                                            2/3




          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
             Patna High Court CR. MISC. No.33575 of 2026(2) dt.14-05-2026
                                                         3/3




                        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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