Patna High Court
Suraj KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
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
- Bihar Narcotic Substances Act, 2023 — s. 103, 105
- Bihar Prohibition and Excise Act — s. 30(a)
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
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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
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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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