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Patna High Court

Suraj KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted to the petitioners on the condition of a Rs.10,000 bond with two sureties each.

Summary

The petitioners, Suraj Kumar and Ranjan Kumar, were arrested on 13 April 2026 in connection with a case of illicit liquor seizure under Section 30(a) of the Bihar Prohibition and Excise Act. The seized 249 litres of liquor was recovered from a vehicle, not from the petitioners' conscious possession, and they are not the owners of the vehicle. The petitioners argued they have clean antecedents and that the investigation failed to comply with Sections 103 and 105 of the Bihar Narcotic Substances Act, 2023. The State opposed bail, but the court noted the lack of direct possession and procedural lapses. Consequently, the court granted bail to each petitioner on a bond of Rs.10,000 with two sureties, subject to conditions of cooperation, appearance, and non‑tampering with evidence.

Issues considered

  • Whether bail should be granted to the accused when the seized illicit liquor was not in their conscious possession.
  • Whether non‑compliance with Sections 103 and 105 of the Bihar Narcotic Substances Act, 2023 warrants bail.
  • Whether the petitioners' clean antecedent and lack of ownership of the vehicle affect bail eligibility.

Legislation cited

Subjects

  • bail
  • illicit liquor
  • prohibition act
  • possession
  • clean antecedent
  • procedural compliance
  • Section 103
  • Section 105
  • Bihar

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.38880 of 2026
                       Arising Out of PS. Case No.-131 Year-2026 Thana- GUTHANI District- Siwan
                 ======================================================
           1.     Suraj Kumar S/o Ritesh Kumar R/o Village- Manikpur Pakdi ,P.S-
                  Lalganj ,Distt- Vaishali
           2.    Ranjan Kumar S/o Jangbhadur Gond @ Jang Bahadur R/o Vill-Panditpura
                 ,P.S- Bankata ,Distt -Deoria Uttar Pradesh

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Abhishek Rai, Advocate
                 For the Opposite Party/s :       Mr.Kumar Ranjit Ranjan, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   22-06-2026                    Heard Mr.Abhishek Rai, learned counsel for the

                   petitioners and Mr.Kumar Ranjit Ranjan, learned A.P.P. for the

                   State.

                                2. The petitioners seek bail, who are in custody since

                   13.04.2026 in connection with Guthani P.S. Case No. 131 of

                   2026, F.I.R. dated 12.04.2026 registered for the offence

                   punishable under Section 30(a) of Bihar Prohibition and Excise

                   Act.

                                3. Recovery is of 249 liters 120 Ml of illicit liquor.

                                4. Learned counsel appearing for the petitioners

                   submits that the petitioners have clean antecedent. It appears

                   from the FIR as well as the seizure list that nothing has been
Patna High Court CR. MISC. No.38880 of 2026(2) dt.22-06-2026
                                            2/3




          recovered from conscious possession of the petitioners rather

          the recovery has been made from the vehicle in question and

          petitioners are not the owner of the vehicle in question. It

          appears from the FIR as well as the seizure list that the seizure

          list witnesses are Bihar Homeguard personnel, apart from the

          aforesaid, there is non-compliance of Sections 103 and 105 of

          BNSS, 2023 and the petitioners are in custody since 13.04.2026.

                       5. Learned APP for the State has opposed the prayer

          for bail of the petitioners.

                       6. Considering the aforesaid fact, petitioners have

          clean antecedent, nothing has been recovered from conscious

          possession of the petitioners and there is non-compliance of

          Sections 103 and 105 of BNSS, 2023, let the petitioners, above

          named, be released on bail on furnishing bail bond of

          Rs.10,000/- (Ten Thousand) each with two sureties of the like

          amount each to the satisfaction of learned Exclusive Special

          Excise Court No.-1, Siwan in connection with Guthani P.S. Case

          No. 131 of 2026, with the following conditions:-

                       (I) Petitioners shall co-operate in the trial and shall be

          properly represented on each and every date fixed by the Court

          and shall remain physically present as directed by the Court and

          on their absence on two consecutive dates without sufficient
               Patna High Court CR. MISC. No.38880 of 2026(2) dt.22-06-2026
                                                           3/3




                         reason, their bail bond shall be cancelled by the Court below.

                                      (II) If the petitioners tamper with the evidence or the

                         witnesses, in that case, the prosecution will be at liberty to move

                         for cancellation of bail.

                                      (III) And, further condition that the court below shall

                         verify the criminal antecedent of the petitioners and in case at

                         any stage, it is found that the petitioners have concealed their

                         criminal antecedents, the court below shall take step for

                         cancellation of bail bond of the petitioners. However, the

                         acceptance of bail bonds in terms of the above-mentioned order

                         shall not be delayed for purpose of or in the name of

                         verification.



                                                (Rajesh Kumar Verma, J)
Nitesh/-

U          T


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