Patna High Court
Suraj Kumar @ Suraj SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail was denied to the petitioner.
Summary
The petitioner, Suraj Kumar, was implicated in a case registered under multiple sections of the Bharatiya Nyaya Sanhita, 2023 and the Bihar Prohibition and Excise Act, 2022 for allegedly manufacturing and distributing spurious liquor that caused illness and a death. The prosecution’s informant claimed that on 1 April 2026, several persons consumed the illicit liquor, leading to multiple illnesses and the death of Pramod Yadav. The petitioner argued that no incriminating material was found in his possession and that he was being accused merely on suspicion. The State opposed bail, highlighting five prior criminal convictions, three of which relate to similar offences. The court, after considering the seriousness of the allegations and the petitioner’s criminal antecedents, refused the prayer for anticipatory bail. Consequently, the bail application was dismissed.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under the Bharatiya Nyaya Sanhita and the Bihar Prohibition and Excise Act
- Whether the petitioner’s prior criminal record justifies denial of anticipatory bail
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 105, 110, 111(2), 123, 274, 275, 61(2)
- Bihar Prohibition and Excise Act, 2022 (Amended) — s. 33, 34(a), 34(b), 34(b)(i), 34(b)(ii), 34(b)(iii), 34(b)(iv), 36
Subjects
- anticipatory bail
- spurious liquor
- criminal antecedents
- Bharatiya Nyaya Sanhita
- Bihar Prohibition and Excise Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.43658 of 2026
Arising Out of PS. Case No.-174 Year-2026 Thana- TURKAULIYA District- East
Champaran
======================================================
Suraj Kumar @ Suraj Singh S/O Lalan Singh@ Shital Singh @ Shitala Prasad
Singh R/O Village- Nahora, Derwa, P.S.- Jalalpur Janpat, District- Jaunpur,
Uttar Pradesh
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dhananjay Kumar Tiwary, Advocate
For the Opposite Party/s : Mr. Indu Kumari Srivastava, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 08-07-2026 Heard learned counsel for the petitioner and the
State.
2. Petitioner apprehends arrest in Turkauliya P.S. Case
No. 174 of 2026, registered for the offence punishable under
Section 274, 275, 123, 105, 110, 111(2), 61(2) of the Bharatiya
Nyaya Sanhita, 2023 and Sections 33, 34(a), 34(b), 34(b)(i),
34(b)(ii), 34(b)(iii), 34(b)(iv), 36 of the Bihar Prohibition and
Excise Act, 2022 (Amended).
3. As per prosecution case, the informant alleged that
on 1.4.2026, several persons consumed spirit-based country-
made liquor, following which multiple individuals fell ill and
one person was identified as Pramod Yadav who succumbed to
the illness. The informant further alleged that the accused are
Patna High Court CR. MISC. No.43658 of 2026(2) dt.08-07-2026
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actively engaged in the manufacturing and distribution of
spurious liquor.
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
only on suspicion.
5. Learned A.P.P. for the State opposes the prayer for
bail and submits that petitioner has got five criminal antecedents
out of which three are of similar nature.
6. Considering the nature of the accusation and
criminal antecedents of the petitioner, prayer for anticipatory
bail of the petitioner is refused.
(Prabhat Kumar Singh, J)
Alok/Sanjay-
U T
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