Patna High Court
Surendra Kumar @ Surendra RayversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court granted anticipatory bail to the petitioner subject to the stipulated conditions.
Summary
The petitioner, Surendra Kumar, was implicated in an excise case for alleged illegal manufacture and trade of illicit liquor after 405.360 litres of liquor were seized from a Mahindra CNG Magic Van he owned. He was not named in the FIR and argued that ownership of the vehicle did not prove his conscious possession or involvement. The Additional Public Prosecutor opposed his anticipatory bail. The court noted the lack of direct evidence linking the petitioner to the seized liquor and, considering his clean antecedent, directed that he be released on anticipatory bail upon furnishing a bail bond of Rs.10,000 with two sureties, subject to conditions under Section 438(2) of the CrPC and Section 482(2) of the BNSS.
Issues considered
- Whether anticipatory bail can be granted when the petitioner is not named in the FIR and is implicated solely as the registered owner of the seized vehicle.
- Whether the seizure of illicit liquor establishes sufficient grounds for arrest or denial of bail.
- Whether the conditions imposed under Section 438(2) CrPC and Section 482(2) BNSS are appropriate for granting bail.
Legislation cited
- Bihar Negotiable Securities (BNSS) Act — s. 482(2)
- Bihar Prohibition and Excise Act, 2022 — s. 30(a)
- Code of Criminal Procedure (CrPC) — s. 438(2)
Subjects
- anticipatory bail
- illegal liquor
- excise law
- vehicle ownership
- Section 30(a)
- Bihar Prohibition and Excise Act
- CrPC Section 438
- BNSS Section 482
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.44665 of 2026
Arising Out of PS. Case No.-164 Year-2025 Thana- Excise Thana Hajipur District- Vaishali
======================================================
Surendra Kumar @ Surendra Ray, Son of Laxmi Yadav, R/o vill - Ram Nagar
Bangali Tola, Postal Park, Phulwari, P.S- Jakkanpur, Dist- Patna
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr. Priyesh Kumar, Advocate
For the Opposite Party/s : Mr. Abhay Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 06-07-2026 Heard learned counsel for the petitioner and
learned Additional Public Prosecutor for the State.
2. The accused/petitioner is not named in the FIR
and apprehending his arrest in connection with Hajipur
Excise P.S. Case No.164 of 2025 registered under Section
30(a) of the Bihar Prohibition and Excise Act, 2022.
3. Allegation against the petitioner is to engage in
illegal trade/manufacturing of illicit liquor, where there is
recovery of 405.360 litres of IMFL/country-made liquor.
4. It is submitted by learned counsel appearing for
the petitioner that the seized illicit liquor was recovered from
a Mahindra CNG Magic Van bearing Registration No.
Patna High Court CR. MISC. No.44665 of 2026(2) dt.06-07-2026
2/3
BR01GN-1863. It is further submitted that the petitioner’s
name has been surfaced in the present case solely on the
ground that he is the registered owner of the seized vehicle,
and not on the basis of any material demonstrating his
conscious possession, involvement or complicity in the
alleged offence. It is also pointed out that seizure list
appears doubtful being not supported by independent
witnesses rather than by police personnel. The petitioner
claimed clean antecedent.
5. Learned APP opposed the prayer of anticipatory
bail to the petitioner.
6. In view of aforesaid factual submissions and by
taking note of fact as recovery of illicit liquor prima facie not
appears to be made from physical possession of this
petitioner, accordingly, the petitioner above-named, who is a
man of clean antecedent, in the event of his arrest or
surrender in the court below within a period of four weeks
from today, is directed to be released on bail on furnishing
bail bond of Rs.10,000/- (Rupees Ten Thousand) with two
sureties of the like amount each to the satisfaction of the
Patna High Court CR. MISC. No.44665 of 2026(2) dt.06-07-2026
3/3
learned Exclusive Special Prohibition and Excise Court-II-
cum- District & Additional Sessions Judge, Hajipur, Vaishali
in connection with Hajipur Excise P.S. Case No.164 of 2025,
subject to the conditions as laid down under Section 438(2)
of the CrPC/under Section 482(2) of the BNSS.
(Chandra Shekhar Jha, J.)
Raushan/-
U T
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