Patna High Court

Suraj Kumar @ Suraj ChaudharyversusThe State Of Bihar

Decided: 19 January 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The Court held that anticipatory bail is appropriate and granted it subject to conditions.

Summary

Suraj Kumar and Mithun Kumar sought anticipatory bail fearing arrest in a case (Barun P.S. Case No. 517 of 2025) under Section 30(a) of the Bihar Prohibition and Excise Act, where 187.8 litres of liquor were allegedly recovered from a motorcycle and a jute sack. The petitioners contended they were falsely implicated based solely on a co-accused's confessional statement and had no knowledge of the contraband, arguing that no prima facie case existed and that Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023 had not been complied with. The State opposed the bail. The Court examined the material and, considering the lack of direct evidence against the petitioners, ordered that they be released on anticipatory bail if arrested or surrendered within six weeks, subject to bail bonds of Rs. 15,000 each with two sureties and compliance with Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023.

Issues considered

Whether anticipatory bail can be granted to the petitioners under Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023 in a case under Section 30(a) of the Bihar Prohibition and Excise Act.
Whether the prosecution has established a prima facie case against the petitioners.
Whether the requirements of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023 have been complied with.

Legislation cited

Bharatiya Nagarika Suraksha Sanhita, 2023 — s. 103, 482(2)

Subjects

anticipatory bail
Bihar Prohibition and Excise Act
Section 30(a)
Bharatiya Nagarika Suraksha Sanhita
Section 103
Section 482
criminal procedure
false implication

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.91054 of 2025

                      Arising Out of PS. Case No.-517 Year-2025 Thana- BARUN District- Aurangabad
                 ======================================================
           1.     Suraj Kumar @ Suraj Chaudhary S/O Chhabu Choudhary R/o Keshaw
                  Market, Bhuiya Tola, P.S.- Barun, District- Aurangabad

           2.    Mithun Kumar @ Mithun Chaudhary @ Nithun Chaudhary S/O Chhabu
                 Choudhary R/o Keshaw Market, Bhuiya Tola, P.S.- Barun, District-
                 Aurangabad


                                                                                   ... ... Petitioner/s
                                                       Versus

                 The State of Bihar


                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Ashok Singh, Advocate
                 For the Opposite Party/s :       Mr. Braj Kishore Pd., APP
                 ======================================================

                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA

                                                  ORAL ORDER

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

                   APP for the State.

                               2. The petitioners apprehend their arrest in connection

                   with Barun P.S. Case No. 517 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 187.8

                   litres of liquor was recovered from motorcycle as also from jute
Patna High Court CR. MISC. No.91054 of 2025(2) dt.19-01-2026
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          sack.

                     4. Learned counsel for the petitioners submitted that

          the petitioners have falsely been implicated in the present case.

          It is further submitted that the name of the petitioners have been

          transpired on the basis of confessional statement of the

          apprehended co-accused. Petitioners have no knowledge

          regarding the goods loaded in the vehicle. Learned counsel

          further submitted that, prima-facie, no case is made out against

          the petitioners. The petitioner no. 1 has one criminal antecedent

          whereas petitioner no. 2 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 petitioners.

                       6. Considering the aforesaid facts and circumstances

          of the case, let the petitioners, above named, in the event of

          arrest/surrender before the lower court within a period of six

          weeks from today, be released on anticipatory bail on furnishing

          bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) each with

          two sureties of the like amount each to the satisfaction of Court

          below/concerned Court in connection with Barun P.S. Case No.

          517 of 2025, subject to the conditions as laid down under
           Patna High Court CR. MISC. No.91054 of 2025(2) dt.19-01-2026
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                     Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita,

                     2023.



                                           (Rudra Prakash Mishra, J)
Alok Verma/-

U      T

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