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Patna High Court

Suraj Kumar @ Ravi Kumar Singh @ Suraj Kumar SinghversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioner subject to bond and conditions.

Summary

The petitioner, Suraj Kumar, was arrested after 2.160 litres of liquor were recovered from a motorcycle and charged under Section 30(a) of the Bihar Prohibition and Excise Act. He claimed innocence, arguing that he does not own the motorcycle and that no incriminating material was found in his possession, asserting that his arrest was based merely on suspicion. The State opposed bail, while the petitioner highlighted his three prior criminal antecedents and the lack of compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. Considering the circumstances, the court decided to grant bail, imposing a bond of Rs. 15,000 with two sureties and specific conditions regarding family surety and regular court appearances. The bail may be cancelled if the petitioner defaults on two consecutive appearances.

Issues considered

  • Whether bail should be granted to the petitioner under Section 30(a) of the Bihar Prohibition and Excise Act given the facts of the case
  • Whether the lack of ownership of the motorcycle and absence of incriminating material justify bail
  • Compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in the arrest

Legislation cited

Subjects

  • bail
  • prohibition act
  • excise
  • Section 30(a)
  • suspicion
  • ownership of vehicle
  • Section 103
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.91164 of 2025
                      Arising Out of PS. Case No.-220 Year-2025 Thana- NAYAGAON District- Saran
                 ======================================================
                 Suraj Kumar @ Ravi Kumar Singh @ Suraj Kumar Singh S/O Late Tribeni
                 Singh Resident of Village- Dumari Buzurg, P.S.- Nayagaon, Dist- Saran

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Ashok Kumar Jha, Advocate
                 For the Opposite Party/s :      Mr. Sanjay Kumar Sharma, 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

                   Nayagaon P.S. Case No. 220 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 2.160 liters

                   liquor was recovered from motorcycle and the petitioner was

                   arrested on spot.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has falsely been implicated in the

                   present case. No incriminating material has been recovered from

                   the conscious possession of the petitioner. The petitioner has got
Patna High Court CR. MISC. No.91164 of 2025(2) dt.19-01-2026
                                            2/3




          no concern with the alleged recovery of liquor. Learned counsel

          for the petitioner also submits that the petitioner is not the

          owner of the motorcycle in question. It is further submitted that

          the petitioner has been arrested only on the basis of suspicion.

          The petitioner is in custody since 19.11.2025 and has got three

          criminal antecedents in which he is on bail. There is no

          compliance of Section 103 of the Bharatiya Nagarik 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 and 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 Nayagaon P.S. Case

          No. 220 of 2025, 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

          fixed at the trial. In case of default in such appearance on two
             Patna High Court CR. MISC. No.91164 of 2025(2) dt.19-01-2026
                                                         3/3




                       consecutive dates, the Trial Court will have liberty to cancel the

                       bail bonds of the petitioner.



                                                                   (Rudra Prakash Mishra, J)
Rajorshi/-

U       T


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