Patna High Court
Suraj KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAMESH CHAND MALVIYA
Holding
The court granted regular bail to the petitioner.
Summary
Suraj Kumar was arrested in connection with a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018 for allegedly possessing 540 litres of Nepali liquor recovered from a motorcycle. The petitioner claimed he was merely a spectator at the scene, had no role in the alleged offence, and that the prosecution’s case lacked any independent witnesses. He also highlighted his clean antecedent and that he had been in custody since 30 March 2026. The State opposed bail, but the court noted the absence of independent witnesses, the petitioner’s clean record, and the weak evidential basis. Consequently, the court granted regular bail on the condition of a Rs.10,000 bond and two sureties.
Issues considered
- Whether the petitioner is entitled to regular bail under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018 given the lack of independent witnesses and his clean antecedent.
Legislation cited
Subjects
- regular bail
- prohibition law
- excise law
- illegal liquor
- Section 30(a)
- clean antecedent
- lack of independent witnesses
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35063 of 2026
Arising Out of PS. Case No.-70 Year-2026 Thana- PARIHAR District- Sitamarhi
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Suraj Kumar, Male, aged about 59 years, Son of Nanhu Mandal, Resident of
Village - Barahi, Police Station - Parihar, District - Sitamarhi.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shashank Shekhar, Advocate
For the Opposite Party/s : Mr. Nand Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA
ORAL ORDER
2 21-05-2026 Heard learned counsel for the petitioner and learned
APP for the State through virtual mode.
2. The petitioner seeks regular bail in connection with
Parihar P.S. Case No. 70 of 2026, instituted for the offences
punishable under Section 30(a) of the Bihar Prohibition and
Excise (Amendment) Act, 2018.
3. As per allegation in the FIR, total 540 liters of
country made Nepali liquor has been recovered from a
motorcycle.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence and has
falsely been implicated in this case. He submits that on the date
of alleged incident, the petitioner was standing near the place of
occurrence as a spectator and his name has been falsely
implicated in this case. He further submits that during
Patna High Court CR. MISC. No.35063 of 2026(2) dt.21-05-2026
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investigation not a single witness has come forward to support
the prosecution case. He next submits that the seizure list
witnesses are not the independent witnesses. He lastly submits
that petitioner has got clean antecedent as stated in para 3 of the
petition and he is in custody since 30.03.2026.
5. Learned APP for the State opposes the prayer for
regular bail of the petitioner.
6. From perusal of the FIR, seizure list and impugned
order of the learned Special Judge Exclusive Excise Court-01,
Sitamarhi dated 17.04.2026, it appears that petitioner is named
in the FIR. From perusal of the records, it appears that on the
basis of written report of the informant, FIR has been registered
under Section 30(a) of the Bihar Prohibition and Excise
(Amendment) Act, 2018 against the present petitioner. It also
appears that petitioner has got clean antecedent as stated in para
3 of the petition and is in custody since 30.03.2026 and there is
no any independent witness of the seizure list, so considering all
the aspects of the case and submission of learned counsel for
the petitioner, I am inclined to grant regular bail to the above
named petitioner.
7. Accordingly, the prayer for regular bail of the
above named petitioner is allowed. Let the petitioner above
Patna High Court CR. MISC. No.35063 of 2026(2) dt.21-05-2026
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named be released on regular bail on furnishing bail bonds of
Rs. 10,000/- (Ten Thousand) with two sureties of the like
amount each to the satisfaction of the learned Special Judge,
Exclusive Excise Court-01, Sitamarhi in connection with
Excise Parihar P.S. Case No. 70 of 2026.
(Ramesh Chand Malviya, J)
Anand Kr.
U T
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