Patna High Court
Suraj Kumar @ Bhaisia @ Suraj GopeversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court grants bail to the petitioner subject to the stipulated conditions.
Summary
Suraj Kumar was arrested in connection with a case involving the alleged possession of 12.96 litres of whisky and 18 litres of country-made liquor, alleged to be offences under Sections 272, 273, 34 of the IPC and Section 30(a) of the Bihar Prohibition and Excise Act. The petitioner contended that the liquor was recovered from a house that did not belong to him and that he was falsely implicated, despite having 28 prior criminal cases and being in custody since 16 September 2025. The State opposed bail, while the petitioner argued non‑compliance with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023. The Court, after considering the facts and the period of custody, decided to grant bail, imposing a bond of Rs.15,000 with two sureties and several conditions regarding appearance, non‑tampering, travel, and future offences. The bail order was pronounced by Justice Rudra Prakash Mishra.
Issues considered
- Whether bail should be granted to the petitioner charged under Sections 272, 273, 34 IPC and 30(a) Bihar Prohibition and Excise Act, considering the alleged recovery of liquor from a house not owned by him, his prior criminal antecedents, and alleged non‑compliance with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023.
Legislation cited
- Bharatiya Nagarika Suraksha Sanhita, 2023 — s. 103
- Indian Penal Code — s. 272, 273, 34
Subjects
- bail
- Indian Penal Code
- Bihar Prohibition and Excise Act
- false implication
- criminal antecedents
- Section 103 Bharatiya Nagarika Suraksha Sanhita
- court conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.82141 of 2025
Arising Out of PS. Case No.-164 Year-2018 Thana- PATNA CITY CHOWK District- Patna
======================================================
Suraj Kumar @ Bhaisia @ Suraj Gope S/O Paras Gope R/O Village- Dirapar,
P.S- Chowk, Distt.- Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Jay Ram Prasad, Advocate
For the Opposite Party/s : Mr. Parmanand Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
3 19-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with Special
Case No. 4072 of 2018 arising out of Chowk P.S. Case No. 164
of 2018 instituted for the offences punishable under Sections
272, 273, 34 of the Indian Penal Code and 30(a) of the Bihar
Prohibition and Excise Act.
3. The prosecution case, in short, is that total 12.96
litres of whisky and 18 litres of country-made liquor have been
recovered from the old house.
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
Patna High Court CR. MISC. No.82141 of 2025(3) dt.19-01-2026
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possession of the petitioner rather the recovery has been made
from the Beejpuriya House which does not belong to the
petitioner. The petitioner has got no concern with the alleged
recovery of liquor. The petitioner is in custody since 16.09.2025
and has twenty-eight 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, after framing
of charge, if not already framed, 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 Special Case No.
4072 of 2018 arising out of Chowk P.S. Case No. 164 of 2018,
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
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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.
(III) If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to move
for cancellation of bail.
(IV) Petitioner shall not leave the territorial
jurisdiction of the learned court below without taking prior
permission of the court concerned.
(V) If the petitioner is found involved in the similar
nature of offence in future, the prosecution will be at liberty to
move for cancellation of bail.
(Rudra Prakash Mishra, J)
Alok Verma/-
U T
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