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Patna High Court

Suraj Kumar @ SurajversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted bail to the petitioner subject to the stipulated conditions.

Summary

The Patna High Court considered a bail application filed by Suraj Kumar, who was arrested after 252 litres of illicit liquor were seized from his vehicle and he was charged under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act. The petitioner asserted his innocence, claimed a clean antecedent and offered to donate Rs 25,000 to a charitable institution without admitting guilt. The State opposed the bail. After weighing the facts and submissions, the Court granted bail on the condition of a Rs 10,000 bond with two sureties, the stipulated donation, verification of the petitioner’s antecedent, and mandatory attendance at a Delhi police station on the first and third Sundays of each month. The order further warned that any default would lead to cancellation of bail and clarified that the order is limited to the bail application and does not prejudice the trial.

Issues considered

  • Whether bail should be granted to the accused in a case under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act
  • Whether the conditions imposed, including monetary deposit, sureties and periodic police attendance, are lawful and appropriate

Legislation cited

Subjects

  • bail
  • excise
  • illicit liquor
  • Bihar Prohibition and Excise Act
  • criminal procedure
  • surety
  • charitable donation
  • court conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.43639 of 2026
                     Arising Out of PS. Case No.-1004 Year-2026 Thana- Excise P.S. District- Sitamarhi
                 ======================================================
                 Suraj Kumar @ Suraj S/O Rajesh Kumar @ Budhu R/O Village- Tali Balan
                 Basti, Anand Parvat Makan No712/03 Gali No.10, P.S.- Anand Parvat
                 Madhya Delhi, Delhi

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr.Hans Lal Kumar, Advocate
                 For the State            :         Mr.Shailendra Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   06-07-2026                   Heard learned counsel for the petitioner and learned

                   APP for the State.

                                 2. The petitioner seeks bail in connection with Excise

                   Sitamarhi P.S. Case No. 1004 of 2026 registered for the offence

                   punishable under Sections 30(a) and 32(3) of the Bihar

                   Prohibition and Excise Act.

                                 3. As per the prosecution case, there is recovery of

                   252 litres of illicit liquor from a vehicle.

                                 4. It has been submitted by the learned counsel for the

                   petitioner that the petitioner is innocent and has falsely been

                   implicated in this case. The petitioner is in custody since

                   02.05.2026 and claims clean antecedent.

                                 5. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.43639 of 2026(2) dt.06-07-2026
                                            2/3




          petitioner is ready to donate Rs. 25,000/- in some charitable

          organization without accepting his guilt.

                       6. Learned APP appearing for the State opposes the

          prayer for bail of the petitioner.

                       7. Considering the facts and circumstances of the case

          and submissions of learned counsel for the petitioner, let the

          petitioner, above named, be released on bail upon furnishing

          bail bonds 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, Sitamarhi/concerned Court below

          in connection with Excise Sitamarhi P.S. Case No. 1004 of

          2026.

                       8. This is also subject to the condition that the

          petitioner shall deposit an amount of Rs. 25,000/- in

          Ramakrishna Mission Sevashrama, Swami Vivekananda Path,

          Bela, Muzaffarpur, Bihar and produce the receipt of the same

          before the Court below. The bail bonds of the petitioner shall be

          accepted after verifying the genuineness of the receipt produced

          by the petitioner.

                       9. As the petitioner claims to have clean antecedent,

          the Court below, before accepting the bail bonds of the

          petitioner is directed to verify the antecedent of the petitioner. If
           Patna High Court CR. MISC. No.43639 of 2026(2) dt.06-07-2026
                                                       3/3




                     the petitioner is found to be involved in any other case then the

                     bail bonds of the petitioner shall not be accepted.

                                  10. As a condition of this order, the petitioner after

                     being released on bail is directed to mark his attendance at

                     Anant Parvat Madhya Delhi Police Station, District- Delhi on

                     the first and third Sunday of each month. Any default in

                     appearance at the police station will result in cancellation of bail

                     bonds of the petitioner.

                                  11. Let a copy of this order be communicated to the

                     Deputy Commissioner of Police, Central Delhi, Delhi Police/

                     concerned officer through FAX or email for its compliance

                     forthwith.

                                  12. It is, however, clarified that the observations made

                     herein are limited to the adjudication of the present bail

                     application and shall not prejudice the case of the petitioner at

                     any subsequent stage of the trial and this Court has not express

                     any opinion on the merits of the case.


                                                                     (Sandeep Kumar, J)

P. Kumar

U     T


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