Patna High Court
Suraj Kumar @ Suraj Kumar YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
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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