Patna High Court
Suraj Kumar @ Suraj Kumar RajakversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail subject to bond, sureties and verification of the petitioner’s antecedents.
Summary
Suraj Kumar was implicated in an alleged offence under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022 for the recovery of 66 litres of liquor from a sack thrown from a motorcycle. He argued that he had no prior criminal record, was not arrested at the scene, did not possess the liquor, and was not the owner of the vehicle, and that the only evidence against him was a confessional statement made by another person in police custody, which he claimed lacked evidentiary value. The State opposed his application for anticipatory bail. The Court, after considering the submissions, granted provisional anticipatory bail on the condition of a bail bond of Rs.500 with two sureties, subject to verification of the petitioner’s antecedents by the trial court. If any prior case is found, the bail will not be confirmed; if the petitioner is found to have a clean record, the bail will be confirmed. The order was made under Section 438(2) of the Cr.P.C. and Section 482(2) of the B.N.S.S.
Issues considered
- Whether anticipatory bail can be granted in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.
- Whether a confessional statement made in police custody has evidentiary value for the purpose of bail.
- Whether the petitioner’s lack of possession of the seized liquor and non‑ownership of the vehicle affect the grant of anticipatory bail.
Legislation cited
- Bihar Prohibition and Excise (Amendment) Act, 2022 — s. 30(a)
- B.N.S.S. — s. 482(2)
- Criminal Procedure Code — s. 438(2)
Subjects
- anticipatory bail
- Section 30(a)
- prohibition and excise
- confessional statement
- police custody
- bail conditions
- clean antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37429 of 2026
Arising Out of PS. Case No.-98 Year-2025 Thana- RATANPUR District- Supaul
======================================================
Suraj Kumar @ Suraj Kumar Rajak Son of Late Chhotelal Rajak @ Late
Baidyanath Rajak @ Chhotelal Rajak Resident of village - Dumari, Ward No.
03, Police Station - Karjain, District - Supaul.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Arun, Advocate
For the Opposite Party/s : Mr. Umesh Lal Verma, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 16-06-2026 1. Heard learned counsel for the petitioner and
learned A.P.P. for the State.
2. The petitioner apprehends his arrest 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 is a person with clean antecedent and allegation is of
recovery of 66 litres of liquor from a sack allegedly thrown
from a motorcycle.
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 petitioner is not the owner of the seized vehicle and came to
be implicated based on the confessional statement of Pankaj in
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police custody which does not have any evidentiary value in the
eye of law.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
6. Considering the submissions made by the learned
counsel appearing on behalf of the petitioner, let the petitioner,
above-named, in the event of his arrest or surrender within a
period of six weeks from today, be released on provisional
anticipatory bail on furnishing bail bonds of Rs.500/- (Rupees
Five Hundred) with two sureties of the like amount each to the
satisfaction of the learned Trial Court where the case is
pending/Successor Court in connection with S.T. Case No. 4593
of 2025 arising out of Ratanpura P.S. Case No. 98 of 2025,
subject to the conditions as laid down under Section 438(2) of
the Cr.P.C./482(2) of the B.N.S.S.
7. However, it is made clear that thereafter the learned
Trial Court shall verify the criminal antecedent of the petitioner
and if it is found that petitioner has antecedent of even one case,
it would be presumed that petitioner had concealed his
antecedent before this Court at para 3 of the anticipatory bail
application in that event the provisional anticipatory bail order
shall not be confirmed but if it is found on verification that
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petitioner is a person with clean antecedent in that event the
provisional anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Kundan/-
U T
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