Patna High Court
Suresh PrasadversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail was granted to the petitioner subject to a bond of Rs.10,000, two sureties, and specified conditions.
Summary
The petitioner, Suresh Prasad, was arrested on 5 May 2026 in connection with the recovery of 3.06 litres of foreign liquor and charged under Section 30(a) of the Bihar Prohibition and Excise Act, 2018. He contended that he was falsely implicated and that the seizure list, prepared by police personnel, violated Sections 103 and 105 of the BNSS, rendering the seizure procedurally defective. The prosecution opposed bail, highlighting three prior criminal antecedents of a similar nature, though noting the petitioner was already on bail for those matters. The High Court, after considering the arguments, granted bail on a bond of Rs.10,000 with two sureties, imposing conditions of cooperation, appearance, non‑tampering with evidence, and verification of antecedents. The order directed that bail not be delayed for verification purposes and allowed cancellation of bail if conditions were breached.
Issues considered
- Whether bail should be granted to the petitioner under Section 30(a) of the Bihar Prohibition and Excise Act, 2018 in view of alleged procedural violations of Sections 103 and 105 of the BNSS.
- Whether the petitioner’s prior criminal antecedents justify denial of bail.
- Whether the fact that seizure list witnesses are police officers affects the legality of the seizure and the bail application.
Legislation cited
- Bihar Prohibition and Excise Act, 2018 — s. 30(a)
- BNSS — s. 103, 105
Subjects
- bail
- excise
- foreign liquor
- Section 30(a)
- procedural lapse
- criminal antecedent
- Bihar Prohibition and Excise Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39322 of 2026
Arising Out of PS. Case No.-38 Year-2026 Thana- EXCISE MAHAMMADPUR District-
Gopalganj
======================================================
Suresh Prasad Son of Jagarnath Prasad @ Jagarnath Sah Resident of Village-
Sher, P.S.- Sidhwalia, District- Gopalganj
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Javed Aslam, Advocate
For the Opposite Party/s : Mr. Syed Mojibur Rahman, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 23-06-2026 Heard Mr. Javed Aslam, learned counsel for the
petitioner and Mr. Syed Mojibur Rahman, learned Additional
Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
05.05.2026 in connection with Mohammadpur Excise P.S. Case
No. 38 of 2026, F.I.R. dated 04.05.2026 for the offences
punishable under Section 30(a) of the Bihar Prohibition and
Excise Act, 2018.
3. Recovery is of 03.06 liters of foreign liquor.
4. Learned counsel for the petitioner submits that
petitioner is innocent and he has falsely been implicated in the
present case. He further submits that although the recovery has
been made from the possession of the petitioner but it appears
Patna High Court CR. MISC. No.39322 of 2026(2) dt.23-06-2026
2/3
from the seizure list that seizure list witnesses are police
personnel so there is non-compliance of Section 103 and 105 of
BNSS. The petitioner is in custody since 05.05.2026.
5. The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner and
submits that petitioner carries three criminal antecedents other
than the present one of similar nature but fairly submits on the
basis of paragraph-3 of the bail application that the petitioner is
on bail in the said matters.
6. Considering the aforesaid facts and circumstances,
let the petitioner, above named, be released on bail on furnishing
bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of
the like amount each to the satisfaction of the learned Exclusive
Special Excise Court No. II, Gopalganj in connection with
Mohammadpur P.S. Case No. 38 of 2026, subject to the
following conditions:-
i. Petitioner 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 his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
ii. If the petitioner tampers with the evidence or the
Patna High Court CR. MISC. No.39322 of 2026(2) dt.23-06-2026
3/3
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 petitioner and in case at
any stage it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. 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)
Suruchi /-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.