Suraj Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29387 of 2026 Arising Out of PS. Case No.-242 Year-2020 Thana- DIGHA District- Patna ====================================================== Suraj Kumar Son of Shri Nawal Singh Resident of village- Rajapur Mainpura opposite Ganga Gate No 46,Ps- Patliputra Dist- Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Prabhat Kumar Singh For the Opposite Party/s :
Mr. Asha Devi ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 07-05-2026
1. Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. This application, for grant of anticipatory bail, arises out of Digha Police Station Case No. 242 of 2020, dated 30.04.2020, disclosing offences under Section 414 of the Indian Penal Code and Sections 30(a) of the Bihar Prohibition and Excise Act.
3. That the prosecution case, in brief, is that on 30.04.2020 at about 5:00 A.M., during checking, two persons riding separate motorcycles were apprehended who disclosed their names as Animesh Kumar and Shivam Kumar. Upon search, nine bottles of 750 ml Black Horse, totaling to 6.75 liters of liquor were recovered from Bajaj Pulsar
Patna High Court CR. MISC. No.29387 of 2026(2) dt.07-05-2026 2/3 motorcycle, bearing registration no. BR01EA1649, and four bottles of 750 ml Blue Rider, totaling to 3 liters of liquor were recovered from a KTM motorcycle having no registration number displayed thereon.
4. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in the present case merely because he happens to be the registered owner of the KTM motorcycle. He next submits that the said motorcycle, from where illicit liquor has been recovered, was borrowed by his neighbour Animesh Kumar for personal use and the petitioner had no knowledge about illicit liquor being kept therein. The petitioner has got no criminal antecedent.
5. Having regard to the submissions made on behalf of the parties and taking into consideration the fact that the petitioner has been made accused only because he happens to be the registered owner of the motorcycle, which was borrowed by his neighbour for personal use, I am inclined to grant the petitioner privilege of anticipatory bail.
6. This application is, accordingly, allowed.
7. Let the petitioner, above named, in the event of his arrest
Patna High Court CR. MISC. No.29387 of 2026(2) dt.07-05-2026 3/3 or surrender before the Court below within four weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court-2, Patna, in connection with Digha Police Station Case No. 242 of 2020, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.
(Anil Kumar Sinha, J) ashwani/- U T