Patna High Court
Suraj Sahni @ Suraj KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- HARISH KUMAR
Holding
Bail was granted to the petitioner subject to bond, surety, and specific conditions.
Summary
The petitioner, Suraj Sahni, was implicated in a case of illicit wine trafficking under the Bihar Prohibition and Excise (Amendment) Act, 2022, after a police raid recovered 149.94 litres of foreign liquor and 6 litres of Nepali wine from a godown belonging to co-accused Rakesh Kumar. The co-accused identified the petitioner as the individual who fled the scene, and the petitioner sought bail, arguing that there was no material linking him to the crime beyond the co-accused’s statement and his prior criminal record. The State opposed bail, contending that the identification and recovery from the godown indicated involvement. The Court examined the lack of cogent evidence and the provisions of Section 76(2) of the Bihar Prohibition and Excise (Amendment) Act, 2022, along with Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023. Finding insufficient grounds to deny bail, the Court granted bail subject to a bond of Rs.10,000 with two sureties and additional conditions. The order emphasized that the petitioner must surrender within four weeks and that one bailor must be a close family member.
Issues considered
- Whether the petitioner is entitled to bail in the absence of material evidence beyond the co-accused’s identification.
- Whether Section 76(2) of the Bihar Prohibition and Excise (Amendment) Act, 2022, permits bail in the present circumstances.
- Whether the conditions prescribed under Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023, are satisfied.
Legislation cited
- Bharatiya Nagrik Suraksha Sanhita, 2023 — s. 482(2)
- Bihar Prohibition and Excise (Amendment) Act, 2022 — s. 30(a), 32, 41(a), 76(2)
Subjects
- bail
- illicit liquor
- prohibition and excise
- co-accused testimony
- Section 76(2)
- Section 482(2)
- criminal procedure
- Darbhanga
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.44017 of 2026
Arising Out of PS. Case No.-80 Year-2026 Thana- DARBHANGA District- Darbhanga
======================================================
Suraj Sahni @ Suraj Kumar Son of Satrohan Sahni @ Satrughan Sahni
Resident of Village - Shivajee Nagar, P.S. - Town, District - Darbhanga.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Virendra Kumar
For the Opposite Party/s : Mr.Md. Nazir Ansari
======================================================
CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
2 08-07-2026 Heard learned Advocate for the petitioner and learned
Additional Public Prosecutor for the State.
2. The petitioner apprehends his arrest in connection
with Darbhanga Town P.S. Case No. 80 of 2026, registered for
the offences punishable under Sections 30(a), 32, 41(a) of the
Bihar Prohibition and Excise (Amendment) Act, 2022.
3. Acting on a tip off regarding trafficking and storage
of illicit wine near old godown at Shivaji Nagar when the police
conducted a raid, they found two persons were carrying illicit
wine on motorcycle. However, noticing the police party, one
person succeeded in fleeing away. The apprehended person
disclosed the name of the petitioner as the person who
succeeded in fleeing away. On search, total 149.94 litres of
foreign liquor and 6 litres of Nepali country made wine were
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recovered.
4. Learned Advocate for the petitioner submitted that
from perusal of the FIR it is evident that the illicit wine has been
recovered from the godown of one Rakesh Kumar, who was
apprehended at the spot. The petitioner has neither any concern
with said Rakesh Kumar nor with the godown from where
recovery has been made. Save and except the disclosure made
by co-accused Rakesh Kumar, there is no material which
suggests any complicity of the petitioner in crime. The
witnesses to the seizure are none else but the police personnels
which also smacks malafide. It is the contention of the learned
Advocate for the petitioner that his name has been implicated
only on account of two previous criminal antecedent of identical
nature.
5. On the other hand, learned Advocate for the State
vehemently opposed the bail application and submitted that the
disclosure of the name of the petitioner by co-accused, besides
his identification at the place of occurrence clearly suggests his
involvement in the crime.
6. Having considered the submissions advanced on
behalf of the respective parties and considering the fact that the
alleged recovery has been made from a godown which belongs
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to the co-accused, besides there is no other cogent material
which attracts the rigors provided under Section 76(2) of the
Bihar Prohibition and Excise (Amendment) Act, let the
petitioner abovenamed be released on bail, in the event of his
arrest or surrender before the court below within a period of four
weeks from the date of receipt/production of a copy of this
order, 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. 1, Darbhanga in
connection with Darbhanga Town P.S. Case No. 80 of 2026,
subject to the conditions laid down in Section 482(2) of the
Bharatiya Nagrik Suraksha Sanhita, 2023, with the further
condition that one of the bailors shall be the own/close family
members of the petitioner.
(Harish Kumar, J)
Anjani/-
U T
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