Patna High Court
Sukraj Kumar @ Sukhraj KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
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
Checking your session…