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Patna High Court

Sukraj Kumar @ Sukhraj KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail is granted to the petitioner subject to a bond of Rs. 15,000 and two sureties.

Summary

The petitioner, Sukraj Kumar, was arrested in connection with an excise case (Case No. 759 of 2025) for alleged possession of 60 litres of liquor, alleged under Section 30(a) of the Bihar Prohibition and Excise Act. The prosecution’s evidence consisted of liquor recovered from an open public place, with no material found in the petitioner’s conscious possession. The petitioner argued that he was falsely implicated, has no prior criminal record, and that the required compliance under Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, was not satisfied. The State opposed bail. Considering the lack of direct incriminating evidence, the petitioner’s clean record, and the procedural lapse, the Court decided to grant bail on the condition of a Rs. 15,000 bond with two sureties. The order releases the petitioner from custody pending further trial.

Issues considered

  • Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act given the circumstances of the recovery.
  • Whether the non‑compliance of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, warrants denial of bail.

Legislation cited

Subjects

  • bail
  • excise
  • liquor
  • false implication
  • Section 30(a)
  • Section 103
  • criminal procedure
  • Bihar

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.672 of 2026
                     Arising Out of PS. Case No.-759 Year-2025 Thana- Excise P.S. District- Bhagalpur
                 ======================================================
                 Sukraj Kumar @ Sukhraj Kumar S/O Doman Mandal Resident of Vill.-
                 Lailakh, P.S- Sabour, District- Bhagalpur

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Praveen Kumar Agrawalm, Advocate
                 For the Opposite Party/s :        Mr. Kanhiya Kishor, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   19-01-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                               2. The petitioner seeks bail in connection with

                   Excise(Sadar) P.S. Case No. 759 of 2025 instituted for the

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

                   and Excise Act.

                               3. The prosecution case, in short, is that total 60 litres

                   of liquor has been recovered from plastic bag.

                               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 rather the recovery has been made

                   from an open place which is accessible to public at large. The
           Patna High Court CR. MISC. No.672 of 2026(2) dt.19-01-2026
                                                       2/2




                     petitioner has got no concern with the alleged recovery of

                     liquor. The petitioner is in custody since 25.11.2025 and has no

                     criminal antecedent. 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 Excise(Sadar) P.S.

                     Case No. 759 of 2025.



                                           (Rudra Prakash Mishra, J)
Alok Verma/-

U      T


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