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Patna High Court

Suraj Kumar VishwakarmaversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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