Patna High Court
Suraj Kumar @ Ravi Kumar Singh @ Suraj Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
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
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 103
- Bihar Prohibition and Excise Act — s. 30(a)
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
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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
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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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