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Patna High Court

Suresh PrasadversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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


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