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Patna High Court

Suresh DasversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted bail to the petitioners, directing them to furnish the prescribed bond and sureties.

Summary

The petitioners, Suresh Das and Rudal Rai, were charged under Section 30(a) of the Bihar Excise Act for allegedly recovering 900 litres of liquor from the bank of Damrahi ghat and for the seizure of a motorcycle. Both have prior criminal antecedents, with Das having nine previous cases (seven under the Excise Act) and Rai having one prior Excise case. The petitioners argued that they were not apprehended at the scene, that the liquor was recovered from a location they do not own, and that no conscious possession was established, further noting that the informant’s identity was omitted from the FIR. The State opposed bail, citing the seriousness of the offence and the petitioners' criminal history. The Court, after considering these submissions, ordered the release of both petitioners on bail, each to furnish a bond of Rs. 5,000 with two sureties of the same amount, subject to the satisfaction of the trial court.

Issues considered

  • Whether bail should be granted to the accused under Section 30(a) of the Bihar Excise Act despite prior criminal antecedents.
  • Whether the absence of apprehension at the spot and lack of conscious possession justify granting bail.

Legislation cited

Subjects

  • bail
  • excise law
  • Section 30(a)
  • liquor seizure
  • prior criminal record
  • possession
  • Indian criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.48376 of 2026
                      Arising Out of PS. Case No.-114 Year-2026 Thana- MALSALAMI District- Patna
                 ======================================================
           1.     Suresh Das S/o Tuntun Das R/o Village - Bundel Toli, P.S. - Malsalami,
                  District - Patna.
           2.    Rudal Rai @ Rudal Kumar S/o Chinta Rai @ Late Chinta Kumar @ Naresh
                 Bhagat R/o Village - Bundel Toli, P.S. - Malsalami, District - Patna.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Jay Ram Prasad
                 For the Opposite Party/s :       Mr. Narsingh Tanti
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   10-07-2026                  1. Heard learned counsel for the petitioners and

                   learned A.P.P. for the State.

                                2. The petitioners seek bail in a case registered for the

                   offences punishable under Section 30(a) of the Bihar Excise

                   Act.

                                3. Learned counsel for the petitioners submits that

                   petitioner no. 1 has antecedent of nine cases out of which seven

                   cases are under the Excise Act and petitioner no. 2 has

                   antecedent of one case under the Excise Act and are in custody

                   since 29.05.2026 and allegation is of recovery of 900 liters of

                   liquor from bank of Damrahi ghat and a motorcycle was seized.

                                4. Learned counsel for the petitioners submits that
            Patna High Court CR. MISC. No.48376 of 2026(2) dt.10-07-2026
                                                        2/2




                      petitioners were not apprehended from the spot as such nothing

                      was recovered from their conscious possession and even alleged

                      recovery is from a place which does not belong to the

                      petitioners and are not the owner of the seized vehicle and they

                      came to be implicated at the instance of local person, but then

                      the name of the person who disclosed the name of the

                      petitioners is not disclosed in the FIR which casts an aspersion

                      on the case of the prosecution.

                                   5. Learned A.P.P. for the State opposes the bail

                      application of the petitioners.

                                   6. Considering the submissions made by the learned

                      counsel for the petitioners, the petitioners above-named, are

                      directed to be released on bail on furnishing bail bonds of Rs.

                      5000/- (Rupees Five Thousand) each with two sureties of the

                      like amount each to the satisfaction of the learned Trial Court

                      where the case is pending/successor court in connection with

                      Malsalami P.S. Case No. 114 of 2026.



                                                        (Satyavrat Verma, J)
Rishabh/-

U      T


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