Patna High Court
Suraj KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
The Court granted bail to the petitioners, holding that the circumstances warranted release on bond.
Summary
Suraj Kumar and Manish Kumar were arrested in connection with the recovery of 97.125 litres of foreign liquor from the rooftop hall of their joint family house, alleged to be an offence under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018. The petitioners argued that the liquor was not in their personal or conscious possession, that the house is a joint family property, that there were no independent witnesses to the seizure, and that they have no prior criminal record. The State opposed the bail application. The Court examined the facts, noting the recovery was from joint family property and the petitioners’ clean antecedent, and concluded that bail was appropriate. Accordingly, each petitioner was released on bail upon furnishing a bond of Rs.10,000 with two sureties each, subject to compliance with the Excise Judge. The bail order effectively disposed of the petition.
Issues considered
- Whether bail can be granted to the accused in an offence under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018 when the alleged contraband was recovered from joint family property.
- Whether the absence of personal possession, lack of independent witnesses, and no prior criminal antecedent justify bail.
Legislation cited
Subjects
- bail
- excise
- foreign liquor
- joint family property
- Section 30(a)
- Bihar Prohibition and Excise Act
- criminal antecedent
- search and seizure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36058 of 2026
Arising Out of PS. Case No.-178 Year-2026 Thana- Excise P.S. District- Begusarai
======================================================
1. Suraj Kumar S/o Late Rajendra Saw @ Rajendra Sah Resident of Village -
Malhipur, Ward No.- 03, P.S.- Chakiya, District - Begusarai (Bihar)
2. Manish Kumar S/o Late Rajendra Saw @ Rajendra Saw Resident of Village
- Malhipur, Ward No.- 03, P.S.- Chakiya, District - Begusarai
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Akash Kumar Mishra, Advocate
For the State : Mr. Ajay Kumar Jha, APP
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
2 08-06-2026 Heard learned counsel for the petitioners and
learned APP for the State.
2. The petitioners seek bail in a case registered for
the offence punishable under Sections 30(a) of the Bihar
Prohibition and Excise (Amendment) Act, 2018.
3. There is a recovery of 97.125 liters of foreign
liquor from a hall which is on the rooftop in the house of the
petitioners.
4. Learned counsel for the petitioners submits that
no recovery has been made from the personal or conscious
possession of the petitioners rather the house in question is a
joint family house, as such no responsibility can be fixed on the
petitioners. There is no independent witnesses during the
search and seizure. The petitioners have no criminal antecedent
Patna High Court CR. MISC. No.36058 of 2026(2) dt.08-06-2026
2/2
and are in custody since 20.04.2026.
5. Learned APP for the State opposed the bail
petition.
6. Taking into consideration the facts and
circumstances of the case and also considering the fact that the
recovery is from joint family property and the petitioners have
no criminal antecedent, let the above named petitioners, be
released on bail on furnishing bail bond of Rs. 10,000/-
(Rupees Ten Thousand) each with two sureties of the like
amount each to the satisfaction of the learned Exclusive Special
Excise Judge-II, Begusarai/concerned Court below in
connection with Excise P.S. Begusarai Case No. 178 of 2026.
(Soni Shrivastava, J)
priyanka/-
U T
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