Patna High Court
Suraj KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail was granted to the petitioner.
Summary
Suraj Kumar was implicated in a case under Section 30(a) of the Bihar Prohibition and Excise Act after 20 litres of illicit liquor were recovered from an open place. The prosecution’s case relied solely on the confessional statement of a co-accused who was apprehended at the scene, with no incriminating material found in Suraj Kumar's possession. The petitioner argued that he had no connection to the recovered liquor, possessed a clean antecedent, and therefore sought anticipatory bail. The State opposed the bail application. Considering the nature of the accusation, the absence of material against the petitioner, and his clean record, the court granted anticipatory bail, directing that if arrested within eight weeks he be released on a bail bond of Rs.10,000 with two sureties, subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.
Issues considered
- Whether anticipatory bail can be granted in an offence under Section 30(a) of the Bihar Prohibition and Excise Act when the accused has no material recovered from his possession.
- Whether a confessional statement of a co-accused is sufficient ground to deny anticipatory bail.
- Whether the petitioner’s clean antecedent and the nature of the accusation justify the grant of anticipatory bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
- Bihar Prohibition and Excise Act — s. 30(a)
Subjects
- anticipatory bail
- illicit liquor
- Bihar Prohibition and Excise Act
- confessional statement
- clean antecedent
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39633 of 2026
Arising Out of PS. Case No.-799 Year-2025 Thana- VAISHALI District- Vaishali
======================================================
Suraj Kumar Son of Prabhu Paswan Resident of Village- Husainpur @
Jahurnathpur bhela, P.S.- Vaishali, District- Vaishali at Hajipur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Raja Ram Rai, Advocate
For the Opposite Party/s : Mr. Umeshanand Pandit, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 24-06-2026 Heard learned counsel for the petitioner and the State.
2. Petitioner apprehends arrest in a case registered for
the offence punishable under Section 30(a) of the Bihar
Prohibition and Excise Act.
3. As per prosecution case, 20 litres illicit liquor was
recovered from an open place.
4. Learned counsel for the petitioner submits that no
incriminating material has been recovered from conscious
possession of the petitioner. Petitioner has got no concern with
the alleged recovery and he has been made accused in this case
merely on the basis of confessional statement of co-accused
who was apprehended on the spot. Petitioner claims clean
antecedent.
5. Learned A.P.P. for the State opposed the bail
Patna High Court CR. MISC. No.39633 of 2026(2) dt.24-06-2026
2/2
application.
6. Considering nature of accusation, place of recovery
and clean antecedent, this anticipatory bail is allowed and it is
ordered that let the above named petitioner in the event of his
arrest/surrender before the court below within a period of eight
weeks from today, be enlarged on bail on furnishing bail-bond
of Rs. 10,000/- (ten thousand) with two sureties of the like
amount each to the satisfaction of Special Judge Exclusive
Excise Court-2nd cum-District and Additional Sessions Judge,
Hajipur, Vaishali in connection with Vaishali P. S. Case No. 799
of 2025, subject to condition as laid down under Section 482(2)
of the Bharatiya Nagarik Suraksha Sanhita.
(Prabhat Kumar Singh, J)
Navya/Sanjay
U T
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