Patna High Court
Suraj Kumar @ SurajversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
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
- Bihar Prohibition and Excise Act — s. 30(a), 32(3)
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
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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
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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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