Patna High Court
Suryakant KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court held that bail must be granted to the petitioners.
Summary
The petitioners, Suryakant Kumar and Chandan Kumar, were arrested on 11‑12‑2025 after 259.20 litres of liquor was recovered from a Tampoo and a Scooty, for alleged offences under Sections 30(a), 41 and 56(b) of the Bihar Prohibition and Excise Act. They contended that they were merely passers‑by, had no ownership of the vehicles, no incriminating material was found on them, and they possessed no prior criminal record. They also argued that Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, had not been complied with. The State opposed bail. Considering the lack of direct evidence, the petitioners' clean antecedents and the period of custody already served, the Court inclined to grant bail, directing each petitioner to furnish a bail bond of Rs.15,000 with two sureties of equal amount.
Issues considered
- Whether bail should be granted to the accused under Sections 30(a), 41 and 56(b) of the Bihar Prohibition and Excise Act.
- Whether the absence of incriminating material and non‑ownership of the vehicle justify bail.
- Whether non‑compliance of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, affects the bail decision.
Legislation cited
Subjects
- bail
- excise law
- Bihar Prohibition and Excise Act
- criminal procedure
- Section 103
- Bharatiya Nagarik Suraksha Sanhita
- innocence
- non‑ownership
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4903 of 2026
Arising Out of PS. Case No.-4023 Year-2025 Thana- Excise P.S. District- Patna
======================================================
1. Suryakant Kumar S/o- Ram Pravesh Ray R/v- Kadamkuan Park Road Ps-
Kadamkuan, Dist- Patna
2. Chandan Kumar S/o- Anand Prasad R/v- Salimpur Ahara Ps- GAndhi
Maidan Dist- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Manoj Kumar Singh, Advocate
Mr. Prabhat Kumar, Advocate
For the Opposite Party/s : Mr.Manoj Kumar, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 29-01-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The petitioners seek bail in connection with Excise
P.S. Case No. 4023 of 2025, instituted for the offences
punishable under Sections 30(a), 41 and 56(b) of the Bihar
Prohibition and Excise Act.
3. The prosecution case, in short, is that total 259.20
liters liquor was recovered from Tampoo and Scooty. The
petitioners were arrested on the spot.
4. Learned counsel for the petitioners submits that the
petitioners are innocent and have falsely been implicated in the
present case. No incriminating material has been recovered from
Patna High Court CR. MISC. No.4903 of 2026(2) dt.29-01-2026
2/2
the conscious possession of the petitioners. The petitioners have
got no concern with the alleged recovery of liquor. The
petitioners are not the owner of the Tampoo and Scooty rather
they were passersby of the way and have become victim of
circumstances. The petitioners are in custody since 11.12.2025
and have got no criminal antecedent. There is no compliance of
Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
5. Learned APP for the State has vehemently opposed
the prayer for grant of bail to the petitioners.
6. Considering the aforesaid facts and circumstances
of the case and the period of custody undergone by the
petitioners, this Court is inclined to grant bail to the petitioners.
7. Let the petitioners be released on bail on furnishing
bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) each with
two sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with Excise P.S. Case No.
4023 of 2025.
(Rudra Prakash Mishra, J)
manish/-
U T
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