Patna High Court
Suraj Kumar VishwakarmaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The Court held that the petitioner’s lack of conscious possession, clean antecedent, and reasonable custody period warranted the grant of regular bail.
Summary
The petitioner, Suraj Kumar Vishwakarma, owner of a truck from which 2638.8 litres of liquor were seized, applied for regular bail under Sections 30(a) and 32(3) of the Excise Act. He had been in custody since 12 March 2026 and claimed he had no conscious possession of the liquor and was unaware of the driver’s alleged misuse of the vehicle. The petitioner’s counsel highlighted his clean antecedent and argued that ownership alone should not create liability. The State opposed the bail application. The Court, after considering the lack of direct involvement, the period of custody and the petitioner’s clean record, ordered his release on bail upon furnishing a bail bond of Rs.5,000 with two sureties. The application was allowed, granting regular bail.
Issues considered
- Whether the owner of a vehicle from which illicit liquor is seized, without conscious possession, is entitled to regular bail under the Excise Act.
- Whether the period of custody and the petitioner’s antecedents justify the grant of bail.
Legislation cited
- Excise Act — s. 30(a), 32(3)
Subjects
- bail
- Excise Act
- liquor seizure
- ownership
- possession
- regular bail
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37655 of 2026
Arising Out of PS. Case No.-208 Year-2024 Thana- SINGHESHWAR District- Madhepura
======================================================
Suraj Kumar Vishwakarma S/o Baijnath Vishwakarma R/o House No. 2554,
Batagali Phusro Road, P.S.- Bermo, District- Bokaro, Jharkhand Pin- 829144
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sandeep Kumar
For the Opposite Party/s : Mr.Ajay Kumar Jha
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 01-07-2026 1. Heard learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks bail in in a case registered for
the offences punishable under Sections 30(a) and 32(3) of the
Excise Act.
3. The learned counsel for the petitioner submits that
the petitioner is a person with clean antecedent and is in custody
since 12.03.2026 and allegation is of recovery of 2638.8 litres of
liquor from a truck.
4. The learned counsel for the petitioner submits that
petitioner was not arrested from the spot, as such, nothing was
recovered from his conscious possession and he came to be
implicated based on the fact that he is owner of the seized truck.
It is next submitted that no prudent person would use his own
Patna High Court CR. MISC. No.37655 of 2026(2) dt.01-07-2026
2/2
vehicle for committing a crime and thus, would create evidence
against himself and hence, would get implicated. It is further
submitted that petitioner was completely unaware that his driver
would misuse the vehicle in the manner as alleged as he was
also apprehended at the spot along with Ganesh.
5. Learned A.P.P. opposes the regular bail application.
6. Considering the submissions made by the learned
counsel for the petitioner and taking into consideration the
period of custody, the petitioner, above-named, is directed to be
released on regular bail on his furnishing bail-bonds in the sum
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/successor Court in connection with
Singheshwar P. S. Case No.208 of 2024.
7. The application stands allowed.
(Satyavrat Verma, J)
vikash/-
U T
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