Patna High Court
Suraj KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court inclined to grant bail to the petitioner subject to specified conditions.
Summary
Suraj Kumar was arrested in connection with the recovery of 130 litres of illicit country-made liquor from a motorcycle, alleged to violate Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act. The petitioner contended that he was falsely implicated, that no liquor was found in his personal possession, and that the investigation failed to comply with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023. He had been in custody since 27 September 2025 and possessed two prior criminal records. The State opposed bail, but the Court, considering the lack of direct evidence, the procedural lapse, and the period of custody already served, decided to grant bail. The bail was conditioned on a bond of Rs. 15,000 with two sureties, one of whom must be a close family member, and on the petitioner’s appearance at every trial date, with cancellation possible after two consecutive defaults.
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 the failure to comply with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, warrants bail.
- Whether the petitioner’s prior criminal antecedents and period of custody preclude bail.
Legislation cited
Subjects
- bail
- excise
- illicit liquor
- Bihar Prohibition and Excise Act
- Bharatiya Nagarika Suraksha Sanhita
- criminal antecedents
- surety
- court conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5193 of 2026
Arising Out of PS. Case No.-382 Year-2025 Thana- Excise P.S. District- Banka
======================================================
Suraj Kumar Son of Manikant yadav Resident of Village- Salarpur Ward no.
12, Ps- Parbatta, Dist- Khagaria
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shubhesh Pandey, Advocate
For the Opposite Party/s : Mr. Md. Ataur Rahman, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 29-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with Banka
Excise P.S. Case No. 382/2025 instituted for the offences
punishable under Section 30(a) and 32(3) of the Bihar
Prohibition and Excise Act.
3. The prosecution case, in short, is that total 130 litres
of illicit country-made liquor was recovered from motorcycle.
4. Learned counsel for the petitioner submitted that the
petitioner has falsely been implicated in the present case. No
incriminating article has been recovered from the conscious
possession of the petitioner. Learned counsel further submitted
that petitioner is in no manner connected with the vehicle in
Patna High Court CR. MISC. No.5193 of 2026(2) dt.29-01-2026
2/2
question or with the alleged recovery of liquor. The petitioner is
in custody since 27.09.2025 and has two criminal antecedents.
There is no compliance of Section 103 of the Bharatiya
Nagarika 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 as also 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 Banka Excise P.S.
Case No. 382/2025, 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
bail bonds of the petitioner.
(Rudra Prakash Mishra, J)
atul/-
U T
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