Patna High Court

Suraj Kumar Sharma @ Suraj KumarversusThe State of Bihar

Decided: 29 January 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The Court inclined to grant bail to the petitioner, subject to standard conditions.

Summary

Suraj Kumar Sharma was arrested on 15 December 2025 after 93 litres of liquor were recovered from a tempo, and he was charged under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act. The petitioner contended that he was merely the driver, had no knowledge of the contraband, and that no incriminating material linked him to the liquor, also highlighting the absence of any criminal antecedent and non‑compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The State opposed bail, arguing the seriousness of the offences. The Court examined the facts, the period of custody, and the statutory safeguards, and concluded that the petitioner was entitled to bail. Accordingly, bail was granted on a bond of Rs. 15,000 with two sureties, subject to conditions of family surety, regular appearance, and possible cancellation on default.

Issues considered

What is the appropriate exercise of judicial discretion in granting bail to a person arrested for offences under the Bihar Prohibition and Excise Act?
Whether the petitioner’s claim of being a driver without knowledge, lack of incriminating material, and non‑compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, warrants bail.

Legislation cited

Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 103

Subjects

bail
excise
prohibition
driver
suspicion
Section 103
Bihar Prohibition and Excise Act
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.5029 of 2026
                  Arising Out of PS. Case No.-255 Year-2025 Thana- EXCISE KATORIYA District- Banka
                 ======================================================
                 Suraj Kumar Sharma @ Suraj Kumar S/o Chkandradev Sharma Resident of
                 Village- Chhoti Telaunchh, P.S.- Chautham, District- Khagariya


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


                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Dipak Kumar, Advocate
                 For the Opposite Party/s :      Mr. Choubey Jawahar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   29-01-2026                        Heard Mr. Dipak Kumar, learned counsel for the

                   petitioner and Mr. Choubey Jawahar, learned APP for the State.

                                2. The petitioner seeks bail in connection with

                   Katoriya Excise P.S. Case No. 255 of 2025, instituted for the

                   offences punishable under Sections 30(a) and 32(3) of the Bihar

                   Prohibition and Excise Act.

                                3. The prosecution case, in short, is that 93 liters

                   liquor was recovered from tempo and the petitioner was arrested

                   on spot.

                                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
Patna High Court CR. MISC. No.5029 of 2026(2) dt.29-01-2026
                                            2/3




          the conscious possession of the petitioner. The petitioner has got

          no concern with the alleged recovery of liquor. Learned counsel

          for the petitioner also submits that the petitioner has been

          arrested only on the basis of suspicion. It is further submitted

          that the petitioner is not the owner rather he is driver of that

          vehicle and has got no knowledge with regard to the nature of

          goods loaded in the vehicle. The petitioner is in custody since

          15.12.2025 and has 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 petitioner.

                       6. Considering the aforesaid facts and circumstances

          of the case 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 on furnishing

          bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two

          sureties of the like amount each to the satisfaction of Court

          below/concerned Court in connection with Katoriya Excise P.S.

          Case No. 255 of 2025, subject to the following conditions:

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

          the family of the petitioner.
             Patna High Court CR. MISC. No.5029 of 2026(2) dt.29-01-2026
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                                    (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

                       bail bonds of the petitioner.



                                                                    (Rudra Prakash Mishra, J)
Rajorshi/-

U       T

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