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Patna High Court

Sarju Prasad @ Suraj KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The petitioner is entitled to bail as the allegations do not preclude the grant of bail under the circumstances.

Summary

The petitioner, Sarju Prasad, was arrested in connection with a case under Section 30(a) of the Bihar Prohibition & Excise Act for allegedly possessing 20 litres of country-made liquor. He contended that the liquor was recovered from the bank of the Sarju River and not from his conscious possession, claiming false implication. The State opposed his bail application, arguing the seriousness of the offence. The court examined the factual matrix and the petitioner's claim of lack of possession, finding no substantive ground to deny bail. Accordingly, the court ordered his release on bail upon furnishing a bond of Rs.10,000 with two sureties of equal amount. The bail was to be secured to the satisfaction of the 2nd Exclusive Special Excise Judge, Court Saran at Chapra.

Issues considered

  • Whether the petitioner is entitled to bail despite the allegation of possession of illicit liquor under the Bihar Prohibition & Excise Act.
  • Whether the petitioner was falsely implicated and the liquor was not in his conscious possession.

Legislation cited

Subjects

  • bail
  • false implication
  • possession
  • Bihar Prohibition & Excise Act
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.44302 of 2026
                        Arising Out of PS. Case No.-258 Year-2026 Thana- MANJHI District- Saran
                 ======================================================
                 Sarju Prasad @ Suraj Kumar, Male, aged about 55 years, son of Late Darbari
                 Prasad, resident of village-Cheful, P.S. Manjhi, District-Saran at Chapra

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Chandra Mohan Jha, Advocate
                 For the Opposite Party/s :       Mr. Jagdhar Prasad, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND
                 MALVIYA
                                       ORAL ORDER

2   08-07-2026                     Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner is in custody in a case registered for

                   the offence punishable under Section 30(a) of the Bihar

                   Prohibition & Excise Act.

                                3. As per allegation in the FIR, total 20 liters of

                   country made liquor has been recovered from the possession of

                   the petitioner.

                                4. Learned counsel for the petitioner submits that

                   petitioner has falsely been implicated in this case. He next

                   submits that nothing has been recovered from the conscious

                   possession of the petitioner and the said liquor has been

                   recovered from the bank of Sarju River, petitioner has got clean
          Patna High Court CR. MISC. No.44302 of 2026(2) dt.08-07-2026
                                                      2/2




                    antecedent as stated in para-3 of the petition and he is in custody

                    since 17.05.2026.

                                  5. Learned APP for the State opposes the prayer for

                    bail of the petitioner.

                                 6. In view of the aforesaid submissions, let the above

                    named petitioner be released on bail on furnishing bail bond of

                    Rs.10,000/- (ten thousand) with two sureties of the like amount

                    each to the satisfaction of learned 2nd Exclusive Special Excise

                    Judge, Court Saran at Chapra in connection with Manjhi P.S.

                    Case No. 258 of 2026.



                                         (Ramesh Chand Malviya, J)
Brajesh Kumar/-
U       T


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