Patna High Court

Suraj KumarversusThe State of Bihar

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

Holding

The court granted bail to the petitioner, finding that the lack of incriminating article in his possession and the circumstances warranted release on bail.

Summary

The petitioner, Suraj Kumar, was arrested in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act after 189 litres of liquor were recovered from a room he rented. He claimed he had no knowledge of the liquor and that no incriminating article was found in his personal possession, asserting false implication. The State opposed bail, while the petitioner’s counsel highlighted the lack of possession and the petitioner’s custody since September 2025, noting two prior criminal antecedents. The court observed that Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, had not been complied with, but nonetheless found the circumstances sufficient to grant bail. Accordingly, the court ordered bail on a bond of Rs. 15,000 with two sureties, subject to conditions regarding family surety and appearance at trial.

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 non‑compliance of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, precludes the grant of bail.

Legislation cited

Bharatiya Nagarika Suraksha Sanhita, 2023 — s. 103

Subjects

bail
prohibition law
excise
Section 30(a)
Section 103
non-possession
criminal antecedents
Indian criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.91677 of 2025
                    Arising Out of PS. Case No.-871 Year-2025 Thana- MOTIHARI TOWN District- East
                                                       Champaran
                 ======================================================
                 Suraj Kumar S/o Rakesh Kumar @ Rakesh Mahto R/o Village/ Mohalla-
                 Miscot, Ward No.8, P.S.- Town, District- East Champaran
                                                                             ... ... Petitioner/s
                                                   Versus
                 The State of Bihar
                                                                      ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Asif Kalim, Advocate
                 For the Opposite Party/s :      Mr. Sanjay Kumar, 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 Town

                   P.S. Case No. 871 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 189

                   litres of liquor has been recovered from the rented room of the

                   petitioner.

                                 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

                   possession of the petitioner rather the recovery has been made

                   from the rented room of the petitioner. The petitioner has got no

                   concern with the alleged recovery of liquor. The petitioner is in

                   custody since 01.09.2025 and has two criminal antecedents.
           Patna High Court CR. MISC. No.91677 of 2025(2) dt.19-01-2026
                                                       2/2




                     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 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 Town P.S. Case No.

                     871 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

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

                     bail bonds of the petitioner.



                                           (Rudra Prakash Mishra, J)
Alok Verma/-

U      T

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