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Patna High Court

Suraj Kumar @ Suraj Kumar YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court ordered the release of the petitioner on regular bail with a bond of Rs.5,000 and two sureties.

Summary

Suraj Kumar Yadav was arrested on 14 February 2026 in connection with the alleged recovery of 1,920 litres of liquor from his pick‑up vehicle, an offence under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022. The petitioner argued that he has a clean record, was not arrested at the spot, and had no conscious possession of the liquor, contending that his driver acted without his knowledge. The State opposed the bail application. The Court considered the petitioner’s clean antecedents, the circumstances of custody, and the lack of direct possession, and ordered his release on regular bail upon furnishing a bond of Rs.5,000 with two sureties. The bail order was directed to be complied with before the trial court handling the case (Rajouli P.S. Case No. 365 of 2025).

Issues considered

  • Whether bail should be granted to the accused in an offence under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.
  • Whether ownership of the vehicle used for alleged liquor transport makes the owner liable despite lack of conscious possession.
  • Whether the petitioner’s clean antecedent and the circumstances of arrest justify regular bail.

Legislation cited

Subjects

  • bail
  • prohibition law
  • excise
  • possession
  • vehicle ownership
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.37616 of 2026
                       Arising Out of PS. Case No.-365 Year-2025 Thana- RAJAOLI District- Nawada
                 ======================================================
                 Suraj Kumar @ Suraj Kumar Yadav S/o Ramkhelawan Yadav Resident of
                 Village- Sansar Pokhar, Ward No 19, P.S.- Suryagarha, District- Lakhisarai,
                                                                              ... ... Petitioner/s
                                                   Versus
                 The State of Bihar
                                                                       ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Man Mohan Kumar, Advocate
                 For the Opposite Party/s :       Mr. Rajendra Prasad Nat, 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 is a person with clean antecedent and is in custody

                   since 14.02.2026 and allegation is of recovery of 1920 litres of

                   liquor from a Pick-Up Vehilce.

                                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 came to be implicated based on the fact that he is

                   owner of the seized vehicle. It is further submitted that no

                   prudent person would use his own vehicle for committing an
           Patna High Court CR. MISC. No.37616 of 2026(2) dt.01-07-2026
                                                       2/2




                     occurrence and, thus, would create evidence against himself

                     and, hence, would get implicated. It is also submitted that

                     petitioner was completely unaware that his driver would misuse

                     the vehicle in the manner as alleged who also fled from the spot.

                                  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 Rajouli P.S.

                     Case No. 365 of 2025.


                                                                          (Satyavrat Verma, J)

Kundan/-

U     T


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