Suresh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32062 of 2026 Arising Out of PS. Case No.-183 Year-2026 Thana- DHAKA District- East Champaran ====================================================== Suresh Kumar S/o Lakshman Sah Resident of Village- Auraiya, P.S.- Gaura/ Gaur, District- Rautahat, Nepal ( District- East Champaran, wrongly mentioned in the impugned order. This is error of record) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kundan Rathore Alias Kundan Kumar, Adv.

For the Opposite Party/s :

Mr. Suresh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 12-05-2026 Heard the parties.

2. Petitioner seeks regular bail in connection with Dhaka P.S. Case No. 183/ 2026 registered for the offence(s) punishable under Section 30(a) of the Bihar Prohibition & Excise (Amendment) Act, 2022.

3. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in the present case due to local enmity and village politics. It is submitted that nothing has been recovered from the conscious possession of the petitioner and alleged liquor was recovered from a sack. Learned counsel further submits that petitioner is not the owner of the alleged motorcycle and the mandatory provision of section 103(4) of the BNSS has not been complied

Patna High Court CR. MISC. No.32062 of 2026(2) dt.12-05-2026 2/2 with and all seizure witnesses are members of the police party. The petitioner has clean antecedent and is in custody since 03.04.2026.

4. The learned APP appearing for the State has opposed the bail prayer of the petitioner.

5. In the facts and circumstances of this case and considering the aforesaid submissions advanced by the petitioner's counsel as well as averments made in this petition coupled with the petitioner's fair and clean antecedent, this court is inclined to release the petitioner on bail. Accordingly, let the petitioner named-above be released on bail in connection with Dhaka P.S. Case No. 183/ 2026 on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of the Court concerned. (Shailendra Singh, J) BKS/- U T