Suraj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51695 of 2026 Arising Out of PS. Case No.-44 Year-2025 Thana- DHANARUA District- Patna ====================================================== Suraj Kumar Son of Raju Singh @ Raju Kumar R/O Village - Panpura, P.S.- Dhanarua, District - Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Abhishek Rai, Advocate For the Opposite Party/s :

Ms. Indu Kumari Srivastava, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KUMAR MANISH ORAL ORDER 29-07-2026 Heard learned counsel appearing on behalf of the petitioner and learned APP for the State.

2. The present application has been filed on behalf of the petitioner for grant of regular bail in connection with Dhanarua P.S. Case No. 44 of 2025, for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, there was a recovery of 279.5 litres of foreign liquor from the Hyundai Creta car bearing registration no. BR09PA5252 parked near Pani Tanki and upon inquiry by the local informed that the concerned car was used by one Vikash Choudhary and there is many previous cases against Vikash Choudhary pertaining to trade in foreign liquor. On the basis of said information, the FIR was instituted.

4. Learned counsel for the petitioner submitted that

Patna High Court CR. MISC. No.51695 of 2026(2) dt.29-07-2026 2/3 the petitioner is innocent and has falsely been implicated in this case with oblique purpose and ulterior motive. It is stated that the allegation levelled against the petitioner is categorically denied by the petitioner in this case is not named in the FIR and his name has been transpired in this case merely on the basis of confessional statement of co-accused person, namely, Vikash Choudhary. Nothing has been recovered from the physical and conscious possession of the petitioner or from his house.

5. It is submitted that the seized liquor in this instant case does not belong to the petitioner and the petitioner had no knowledge about the concerned liquor. Petitioner has one criminal antecedent in which he is on bail. Petitioner is in custody since 07.06.2026.

6. Learned APP for the State has vehemently opposed the prayer for bail.

7. Considering the facts and circumstances of the case, I am inclined to enlarge the petitioner on bail. The petitioner, above named, is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Court of Exclusive Special Excise Judge-II, Patna /concerned court in connection with Dhanarua P.S. Case No. 44

Patna High Court CR. MISC. No.51695 of 2026(2) dt.29-07-2026 3/3 of 2025, subject to following conditions:- (i) One of the bailors should be family member of the petitioner.

(ii) Petitioner will co-operate in the trial and will remain present on all dates personally or should be duly represented through his counsel and whenever required to be physically present by the court, he should physically appear in the Court on that date.

(iii) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(Kumar Manish, J) Ranjeet/- U T