Suraj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29201 of 2026 Arising Out of PS. Case No.-19 Year-2026 Thana- SULTANGANJ District- Patna ====================================================== Suraj Kumar S/O Late Gulab Sao R/O Shivpur Tikiyatoli, P.S- Sultanganj, Dist.- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mithilesh Kumar Arya, Advocate For the Opposite Party/s :

Mr. Shyam Bihari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 13-05-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for bail in connection with Sultanganj P.S. Case No.19 of 2026 registered for the offence punishable under Sections 30(a) of the Bihar Prohibition and Excise Act.

3. The case of the prosecution, in short, is that altogether 80 litre of country made liquor was recovered near Suraj lodge. It is further alleged that the name of this petitioner has been disclosed by the neighbourers.

4. Learned counsel appearing on behalf of the petitioner has submitted that nothing has been recovered from the possession of this petitioner. It has further been submitted that the witnesses of the seizure list are police personnel and police have not complied Section 105 of the BNSS while

Patna High Court CR. MISC. No.29201 of 2026(3) dt.13-05-2026 2/2 making seizure. It has further been submitted that the petitioner is languishing in judicial custody since 06.04.2026.

5. The application for bail is opposed by learned APP for the State. He has further submitted that the petitioner is having criminal antecedent of eight cases of similar nature.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this Court is inclined to enlarge the petitioner on bail with the condition that the petitioner shall co-operate in trial; shall remain physically present on each and every date; one of the bailor shall be near relative of the petitioner and the petitioner shall also mark his weekly attendance at Sultanganj P.S. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the court of learned Exclusive Special Court of Excise, Patna City, Patna, in connection with Sultanganj P.S. Case No.19 of 2026. (Ashok Kumar Pandey, J) Durgesh/- Rohit/- U T