Suraj KumarversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.37345 of 2026
                      Arising Out of PS. Case No.-10 Year-2026 Thana- SULTANGANJ District- Patna
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                 Suraj Kumar S/o Late Gulab Sao Resident of - Shivpur Tikiyatoli, P.S.-
                 Sultanganj, District- Patna
                                                                       ... ... Petitioner/s
                                               Versus
                 The State of Bihar
                                                                ... ... Opposite Party/s
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                 Appearance :
                 For the Petitioner/s     :       Mr. Mithilesh Kumar Arya, Advocate
                 For the Opposite Party/s :       Mr. Parmanand Prasad, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   01-07-2026                  1. Heard learned counsel for the petitioner and

                   learned A.P.P. for the State.

                                2. The petitioner seeks bail in a case registered for the

                   offence punishable under Section 30(a) of the Bihar Prohibition

                   and Excise (Amendment) Act, 2022.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of eight cases under the Excise Act and

                   is in custody since 28.03.2026 and allegation is of recovery of

                   120 litres of liquor from the house of the petitioner.

                                4. Learned counsel for the petitioner submits that

                   petitioner was not arrested from the spot, as such, nothing was

                   recovered from his conscious possession. It is further submitted

                   that the house in question is a joint family property, as such, it

                   cannot be alleged with certainty that it was the petitioner who

                   had kept the liquor in the house or the liquor kept in the house
           Patna High Court CR. MISC. No.37345 of 2026(2) dt.01-07-2026
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                     was within his knowledge and after amendment in the Excise

                     Act in the year 2018, the concept of deemed possession and

                     presumed offender has been done away with. It is next

                     submitted that once an accused is implicated in a case relating to

                     excise the police start implicating mechanically either at the

                     instance of the Chawkidar, local person, confessional statement

                     or secret information without holding a proper investigation of

                     the case.

                                  5. Learned A.P.P. for the State opposes the prayer for

                     regular bail of the petitioner.

                                  6. Considering the submissions made by the learned

                     counsel appearing on behalf of the petitioner and taking into

                     consideration the period of custody, the petitioner, above-

                     named, is directed to be released on bail on furnishing bail

                     bonds of Rs.5,000/- (Rupees Five Thousand) with two sureties

                     of the like amount each to the satisfaction of the learned Trial

                     Court where the case is pending in connection with Sultanganj

                     P.S. Case No. 10 of 2026.


                                                                          (Satyavrat Verma, J)

Kundan/-

U     T