Patna High Court

Surith GiriversusThe State of Bihar

Decided: 27 January 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

Bail is granted to the petitioner on a bond of Rs.15,000 with two sureties, subject to conditions of family surety and regular court appearance.

Summary

Surith Giri was arrested after 2,455.200 litres of foreign liquor were recovered from a truck, and he was charged under sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act. He contended that he was only the driver, had no knowledge of the illicit liquor, and that no incriminating material was found in his possession; he also highlighted his clean criminal record. The State opposed his bail application. The court noted his clean antecedent, the period of custody since 14‑11‑2025, and the lack of compliance with Section 103 of the BNSS, 2023, and decided to grant bail. Bail was ordered after framing of charge, on a bond of Rs.15,000 with two sureties, one of whom must be a close family member, and with a condition of regular appearance in court.

Issues considered

Whether bail should be granted to the accused under sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act.
Whether non‑compliance with Section 103 of the BNSS, 2023, bars the grant of bail.
Whether the petitioner’s clean antecedent and length of pre‑trial custody justify bail.

Legislation cited

BNSS, 2023 — s. 103

Subjects

bail
excise
foreign liquor
Bihar Prohibition and Excise Act
Section 30(a)
Section 32(3)
BNSS 2023
Section 103
clean antecedent
driver

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                CRIMINAL MISCELLANEOUS No.4612 of 2026
                      Arising Out of PS. Case No.-497 Year-2025 Thana- Excise P.S. District- Begusarai
                 ======================================================
                 Surith Giri S/o Mithilesh Giri Resident of Village-Bonjimeri Colliery Jemri
                 (Basudeopur Jomri), PS-Salanpur, District-Bardhman, State-West Bengal


                                                                                       ... ... Petitioner/s
                                                          Versus

                 The State of Bihar


                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr. Amar Kumar Singh, Advocate
                 For the Opposite Party/s :         Mr. Braj Kishore Pd., APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   27-01-2026             Heard learned counsel for the petitioner and learned APP

                   for the State.

                           2.       The petitioner seeks bail in connection with Excise

                   PS Case No. 497 of 2025 instituted for the offences under

                   Section/s 30(a) & 32(3) of the Bihar Prohibition and Excise Act.

                           3.       The prosecution case, in short, is that 2455.200

                   liters foreign liquor was recovered from truck.

                           4.       Learned counsel for the petitioner submits that the

                   petitioner is innocent and has falsely been implicated in the

                   present case. No incriminating material has been recovered from

                   the conscious possession of the petitioner. The petitioner has got

                   no concern with the alleged recovery of liquor. It is submitted
Patna High Court CR. MISC. No.4612 of 2026(2) dt.27-01-2026
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          that name of the petitioner has surfaced in this case as being

          driver of the vehicle in question and he was oblivious of the fact

          that illicit liquor was laden in the vehicle. The petitioner is in

          custody since 14.11.2025 and has got no criminal antecedent/s.

          There is no compliance of Section 103 of the BNSS, 2023.

                  5.      Learned A.P.P. for the State has vehemently

          opposed the prayer for grant of bail to the petitioner.

                  6.      Considering the aforesaid facts and circumstances

          of the case, clean antecedent of the petitioner and the period of

          custody undergone by the petitioner, this Court is inclined to

          grant bail to the petitioner.

                  7.      Let the petitioner be released on bail, after framing

          of charge, if not already framed, on furnishing bail bonds of

          Rs.15,000/- (Fifteen thousand) with two sureties of the like

          amount each to the satisfaction of Court below/concerned Court

          in connection with Excise PS Case No. 497 of 2025, subject to

          the following conditions:

                  (I) One of the bailors shall be own/close member of the

          family of the petitioner.

                  (II) The petitioner shall appear on each and every date

          fixed at the trial. In case of default in such appearance on two

          consecutive dates, the Trial Court will have liberty to cancel the
           Patna High Court CR. MISC. No.4612 of 2026(2) dt.27-01-2026
                                                       3/3




                     bail bonds of the petitioner.



                                                                  (Rudra Prakash Mishra, J)
Raj Kishore/-

U      T

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