Suraj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27900 of 2026 Arising Out of PS. Case No.-114 Year-2026 Thana- BODHGAYA District- Gaya ====================================================== Suraj Kumar son of Sanjay Sao, Resident of Village - Mocharim Ps- Bodh Gaya, Dist- Gaya.

... ... Petitioner/s

Versus

The State of Bihar. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sunil Kumar, Advocate.

For the Opposite Party/s :

Ms. Indu Kumari Srivastava, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 29-04-2026

1. Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in connection with Bodhgaya P.S. Case No.114 of 2026 instituted under Sections 30(a) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, there is recovery of 83.50 liters illicit foreign liquor from the house of petitioner. It is alleged that petitioner fled away from the spot on seeing the Police team.

4. Learned counsel for the petitioner submits that petitioner is innocent and has been falsely implicated in this case. He further submits that petitioner has no concern with the alleged seized liquor and the house from where the alleged recovery has been made is shared family property, accessible to multiple family members and other persons. Learned counsel submits that there is no material against the petitioner and no incriminating

Patna High Court CR. MISC. No.27900 of 2026(2) dt.29-04-2026 2/2 article has been recovered from his conscious possession. He further submits that there is no independent witness to the seizure list. Learned counsel submits that petitioner is a young boy aged about 19 years, having got clean antecedent and he undertakes to cooperate in the investigation and trial of the case.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.

6. Considering the facts and circumstances of the case, submissions of learned counsel for the parties and the nature of allegation leveled against the petitioner, his clean antecedent as well as the young age of 19 years of petitioner, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount to each to the satisfaction of the learned Exclusive Special Excise Judge, Court No.1, Gaya/ concerned Court in connection with Bodhgaya P.S. Case No.114 of 2026, subject to the conditions laid down in Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

(Sunil Dutta Mishra, J) Ritik/- U T