Patna High Court
Suraj Pal SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRAVEEN KUMAR
Holding
The court granted anticipatory bail to the petitioner, subject to a bail bond, sureties, and compliance with the conditions under Section 482(2) of the B.N.S. Act.
Summary
The petitioner, Suraj Pal Singh, sought anticipatory bail after a vehicle he owned was seized with 667.5 litres of illicit foreign liquor, alleged to be a violation of the Bihar Prohibition and Excise Amendment Act, 2022 and several provisions of the Bihar Narcotic Substances (B.N.S.) Act, 2023. He contended that the vehicle was under a lease to Shiva Sikarwar at the time of the seizure and that the lease agreement prohibited the use of alcohol, thereby denying him direct control over the vehicle. The State opposed the bail, arguing that the possession of illicit liquor warranted prosecution. The court examined the lease arrangement, the petitioner’s lack of criminal antecedents, and the statutory provisions governing anticipatory bail. It concluded that, given the circumstances, the petitioner could be granted anticipatory bail subject to a bail bond, sureties, and compliance with Section 482(2) of the B.N.S. Act. The order conditioned the bail on surrender within six weeks and adherence to the stipulated conditions.
Issues considered
- Whether the petitioner is entitled to anticipatory bail despite the seizure of illicit liquor from a vehicle he owned.
- Whether the lease of the vehicle to a third party negates the petitioner’s control and liability under the excise and narcotic statutes.
- Whether the statutory provisions, including Section 482(2) of the B.N.S. Act, permit the grant of anticipatory bail in the present facts.
Legislation cited
- Bihar Narcotic Substances Act, 2023 — s. 103, 318(4), 336(3), 338, 340(2), 3(5), 482(2)
- Bihar Prohibition and Excise (Amendment) Act, 2022 — s. 30(a)
Subjects
- anticipatory bail
- illicit liquor
- lease agreement
- excise law
- narcotic substances
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34348 of 2026
Arising Out of PS. Case No.-397 Year-2025 Thana- BUXAR MUFFSIL District- Buxar
======================================================
Suraj Pal Singh S/o Babu Singh Resident of Village - Khiderpur, P.S. - Kishni,
District - Mainpuri, Uttar Pradesh
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Bijay Prakash Singh, Advocate
For the Opposite Party/s : Mr. Syed Mojibur Rahman, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
2 18-05-2026 Heard learned counsel for the petitioner and learned
counsel for the State.
2. The petitioner is apprehending his arrest in a case in
connection with Buxar (M) P.S. Case No. 397 of 2025 registered
for the offences punishable under Section 30(a) of the Bihar
Prohibition and Excise Amendment Act 2022 and Section 318
(4), 338, 336(3), 340(2), 3(5) of B.N.S. 2023.
3. As per the allegation, 667.5 liters of illicit foreign
liquor was recovered from a car bearing Registration No. BR-
01HA-4153.
4. Learned counsel for the petitioner has submitted
that the petitioner is the owner of the vehicle in question from
which alleged recoveries were made. It has been further
submitted that, in fact, the petitioner had entered into lease
Patna High Court CR. MISC. No.34348 of 2026(2) dt.18-05-2026
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agreement of the vehicle with one Shiva Sikarwar, on
15.12.2025 at 04:00 pm, for rental purpose and, as per clause 12
of the agreement, it was agreed between the parties that the
guests shall strictly refrain from use of tobacco, cigarette, cigar
and alcohol inside the vehicle and in violation of the same, the
present occurrence took place on 18.12.2025, and, as per the
agreement, the petitioner had no direct control over the vehicle
at the time of seizure of illicit liquor. It has been further
submitted that no one was arrested along with seized vehicle
containing illicit liquor. It has also been submitted that there is
violation of Section 103 of B.N.S.S. Lastly, it has been
submitted that petitioner has got no criminal antecedents.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for anticipatory bail of the petitioner.
6. Heard the parties and perused the record.
7. Considering the facts and circumstances of the case,
let the above named petitioner, in the event of his
arrest/surrender within a period of six weeks from today, be
enlarged on anticipatory bail on furnishing bail-bond of Rs.
10,000/- (Rupees ten thousand) with two sureties of the like
amount each to the satisfaction of the learned Exclusive Excise
Special Court No.1, Buxar, in connection with Buxar (M) P.S.
Patna High Court CR. MISC. No.34348 of 2026(2) dt.18-05-2026
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Case No. 397 of 2025, subject to satisfaction of the conditions
as laid down under Section 482(2) of the BNSS.
(Praveen Kumar, J)
Pawan/-
U T
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