Patna High Court

Suraj Kumar @ Suraj ThakurversusThe State of Bihar

Decided: 27 January 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The court granted bail to the petitioner, ordering his release on bond with conditions.

Summary

Suraj Kumar was arrested in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act after 28.62 litres of liquor were recovered from a public gumti. The petitioner argued that he was falsely implicated, noting that no liquor was found in his possession and that the recovery site was open to the public. He had been in custody since 3 December 2025 and possessed five prior criminal convictions, and the prosecution alleged non‑compliance with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023. The State opposed bail, but the court, considering the lack of direct evidence against the petitioner and the procedural lapse, decided to grant bail. The court ordered his release on a bond of Rs.15,000 with two sureties and imposed conditions regarding court appearances and future offences.

Issues considered

Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act given the circumstances of the case.
Whether the non‑compliance with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, bars the grant of bail.
Whether the petitioner’s prior criminal antecedents preclude the grant of bail.

Legislation cited

Bharatiya Nagarika Suraksha Sanhita, 2023 — s. 103

Subjects

bail
prohibition law
liquor seizure
criminal antecedents
Section 30(a)
Section 103
Bihar
procedural compliance

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.3907 of 2026
                    Arising Out of PS. Case No.-241 Year-2025 Thana- AURANGABAD TOWN District-
                                                       Aurangabad
                 ======================================================
                 Suraj Kumar @ Suraj Thakur S/o Mosafir Thakur R/o Village - Suja Karma,
                 P.S - Muffasil, District - Aurangabad

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     Ms. Mukul Kumari, Advocate
                 For the Opposite Party/s :     Mrs. Shaheen Begum, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   27-01-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                               2. The petitioner seeks bail in connection with G.R.

                   No. 229 of 2025 arising out of Aurangabad Town P.S. Case No.

                   241 of 2025 instituted for the offences punishable under Section

                   30(a) of the Bihar Prohibition and Excise Act.

                               3. The prosecution case, in short, is that total 28.62

                   litres of liquor has been recovered from gumati.

                               4. Learned counsel for the petitioner submitted that the

                   petitioner has falsely been implicated in the present case. No

                   incriminating article has been recovered from the conscious

                   possession of the petitioner rather the recovery has been made

                   from the gumati which is situated in an open place and the same
Patna High Court CR. MISC. No.3907 of 2026(2) dt.27-01-2026
                                            2/3




          is accessible to public at large. The petitioner has got no concern

          with the alleged recovery of liquor. The petitioner is in custody

          since 03.12.2025 and has five criminal antecedents. There is no

          compliance of Section 103 of the Bharatiya Nagarika Suraksha

          Sanhita, 2023.

                     5. Learned APP for the State has vehemently opposed

          the prayer for grant of bail to the petitioner.

                     6. Considering the aforesaid facts and circumstances of

          the case as also the period of custody undergone by the

          petitioner, this Court is inclined to grant bail to the petitioner.

                       7. Let the petitioner be released on bail on furnishing

          bail bonds of Rs. 15,000/- ( Rupees Fifteen Thousand) with two

          sureties of the like amount each to the satisfaction of Court

          below/concerned Court in connection with G.R. No. 229 of

          2025 arising out of Aurangabad Town P.S. Case No. 241 of

          2025, subject to the following conditions:

                       (I) One of the bailors shall be own/close member of

          the family of the petitioner.

                       (II) The petitioner shall appear on each and every date

          fixed at the trial. In case of default in such appearance on two

          consecutive dates, the Trial Court will have liberty to cancel the

          bail bonds of the petitioner.
           Patna High Court CR. MISC. No.3907 of 2026(2) dt.27-01-2026
                                                       3/3




                                  (III) If the petitioner is found involved in the similar

                     nature of offence in future, the prosecution will be at liberty to

                     move for cancellation of bail.



                                           (Rudra Prakash Mishra, J)
Alok Verma/-

U      T

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