Patna High Court
Suraj KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail was refused.
Summary
The petitioner, Suraj Kumar, was named in a case (PS Case No. 42 of 2026) concerning the alleged possession of 882 litres of illicit liquor seized from a truck. He contended that he neither owned nor drove the truck and that no incriminating material was found in his conscious possession. The State opposed his anticipatory bail, highlighting four prior convictions of a similar nature. The court considered the large quantity of liquor recovered and the petitioner’s criminal antecedents. Weighing these factors, the court concluded that granting anticipatory bail would be inappropriate. Consequently, the petition for anticipatory bail was denied.
Issues considered
- Whether anticipatory bail should be granted to the petitioner given the large quantity of illicit liquor recovered
- Whether the petitioner’s prior criminal antecedents justify refusal of bail
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a), 32, 36, 41
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- illicit liquor
- criminal antecedents
- bail refusal
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.43595 of 2026
Arising Out of PS. Case No.-42 Year-2026 Thana- KARPURIGRAM District- Samastipur
======================================================
Suraj Kumar S/O Late Ram Lal Ray @ Late Ramnath Ray R/O village -
Madhopur , Police station - Karpurigram , District - Samastipur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Mahendra Pratap, Advocate
For the Opposite Party/s : Mr. Mohammed Arif, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 07-07-2026 Heard learned counsel for the petitioner and the
State.
2. Petitioner apprehends arrest in Karpurigram P.S.
Case No. 42 of 2026 registered for the offence punishable under
Sections 30(a), 32, 36 and 41 of Bihar Prohibition and Excise
Act.
3. As per prosecution case, 882 liters illicit liquor was
recovered from the seized truck bearing registration no.
NL01AF5637.
4. Learned counsel for the petitioner submits that no
incriminating material has been recovered from conscious
possession of the petitioner. Petitioner is neither driver nor
owner of the seized truck. Petitioner has got no concern with the
alleged recovery and he has been made accused in this case only
Patna High Court CR. MISC. No.43595 of 2026(2) dt.07-07-2026
2/2
on suspicion.
5. Learned A.P.P. for the State opposes the prayer for
bail of the petitioner and submits that petitioner has got four
criminal antecedents of similar nature.
6. Considering huge quantity of recovery and
criminal antecedents of similar nature, prayer for anticipatory
bail of the petitioner is refused.
(Prabhat Kumar Singh, J)
Sanjay/Alok-
U T
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