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Patna High Court

Suman Kumar @ Soman Kumar @ Suman Gop @ Suman Kumar GopversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail is granted to the petitioner subject to strict conditions.

Summary

The petitioner, Suman Kumar, was arrested in connection with a case under Sections 30(a) and 56(c) of the Bihar Prohibition and Excise Act for the alleged recovery of 25 litres of mahua liquor from a motorcycle parked outside his house. He contended that the liquor was found in an open, public area and that he had no conscious possession, asserting his innocence despite having five prior similar offences and being in custody since 4 November 2025. The petitioner offered to deposit a bail amount of Rs.10,000 with two sureties, one of whom would be a close relative, and undertook to appear before the court on every trial date. The State opposed the bail, citing the seriousness of the offence and the petitioner’s criminal antecedents. The High Court, after considering the facts, granted bail subject to detailed conditions including regular reporting to the Superintendent of Police and possible cancellation for future similar offences. The order clarified that any observations made would not affect the trial proceedings.

Issues considered

  • Whether bail should be granted to the accused in a case under the Bihar Prohibition and Excise Act considering the nature of the alleged offence and the accused's prior criminal antecedents.

Subjects

  • bail
  • Bihar Prohibition and Excise Act
  • liquor possession
  • criminal antecedents
  • sureties
  • court conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.89334 of 2025
                         Arising Out of PS. Case No.-517 Year-2021 Thana- FATUA District- Patna
                 ======================================================
                 Suman Kumar @ Soman Kumar @ Suman Gop @ Suman Kumar Gop S/o
                 Chandev Yadav @ Indradev Yadav @ Chandradev Yadav Resident of -
                 Bhagwanpur, P.S - Fatuha, Current, P.S - Pachrukhiya, District - Patna

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Abhishek Rai, Adv.
                 For the Opposite Party/s :       Mr.Pronoti Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
                                       ORAL ORDER

2   07-01-2026                     Heard the learned counsel for the petitioner and

                   learned APP for the State.

                                2. Petitioner, who is in custody, seeks bail in

                   connection with Fatuha P.S. Case No. 517 of 2021 registered for

                   the offence(s) punishable under Section(s) 30(a) and 56(c) of the

                   Bihar Prohibition and Excise Act.

                                3. As per the prosecution case, the recovery of 25

                   litres of liquor (mahua) from a motorcycle parked outside of the

                   house of the petitioner.

                                4. The learned counsel for the petitioner submits that

                   the petitioner is innocent and has falsely been implicated in this

                   case. It has further been submitted that the recovery has been

                   made from outside the house of the petitioner which is an open
Patna High Court CR. MISC. No.89334 of 2025(2) dt.07-01-2026
                                            2/4




          place and accessible to anyone. It has further been submitted

          that no recovery has been made from the conscious possession

          of the petitioner. It has lastly been submitted that the petitioner

          has five criminal antecedents which is of similar nature and he

          is in custody since 04.11.2025.

                        5. The petitioner is willing and undertakes to deposit a

          sum of Rs. 10,000/- with the Advocate Association, Patna High

          Court.

                        6. The learned A.P.P. for the State has vehemently

          opposed the prayer for bail of the petitioner.

                        7. Regard being had to the facts and circumstances of

          the case and taking note of the fact that the petitioner has

          remained in custody since 04.11.2025, let the petitioner, above

          named, be released on bail on furnishing bail bond of Rs.

          10,000/- (Ten thousand) with two sureties of the like amount

          each to the satisfaction of the learned court below where the

          case is pending/successor court in connection Fatuha P.S. Case

          No. 517 of 2021, subject to the following terms and

          conditions :-

                        (i) One of the bailors shall be a close relative of the

          petitioner.

                        (ii) The petitioner shall remain physically present
Patna High Court CR. MISC. No.89334 of 2025(2) dt.07-01-2026
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          before the concerned Court on each and every date of the trial

          and shall cooperate in the investigation.

                       (iii) In case of absence on two consecutive dates or in

          violation of the terms of the bail, the bail bond of the petitioner

          will be liable to be cancelled by the Court concerned.

                       (iv) If the petitioner, in future, is found to be involved

          in similar nature of offence(s), the prosecution shall be at liberty

          to move for cancellation of his bail bond.

                       (v) The trial court shall verify the criminal antecedent

          of the petitioner and in case, at any stage, it is found that the

          petitioner has concealed his criminal antecedents, the trial court

          shall take necessary steps for cancellation of bail bond of the

          petitioner. However, the acceptance of bail bond in terms of the

          above mentioned order shall not be delayed for purpose of or in

          the name of verification.

                       (vi) In view of the antecedents of the petitioner, the

          petitioner is directed to appear before the Superintendent of Police,

          Patna within fifteen (15) days of his release with a copy of this

          order and every two weeks thereafter for the next nine months.

          The conduct of the petitioner with be kept under watch in this

          period by the concerned Superintendent of Police and if it is found

          wanting in any respect, a report shall be made to the Court

          concerned by him to initiate a proceeding for cancellation of bail
           Patna High Court CR. MISC. No.89334 of 2025(2) dt.07-01-2026
                                                       4/4




                     of the petitioner for reasons of misuse of bail. After reporting to

                     the Superintendent of Police, a certificate will be filed by the

                     petitioner before the Court concerned.

                                  8. The bail bond of the petitioner shall be accepted by

                     the learned Trial Court on showing receipt of deposit of

                     aforesaid amount with the Advocate Association, Patna High

                     Court.

                                  9. Accordingly, the prayer for bail is allowed.

                                  10. It is made clear that the observation, if any, made in

                     this order, shall be of no bearing during the trial.



                                              (Sourendra Pandey, J)
Gautam/-

U


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