Suraj Kumar @ Suraj Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1409 of 2026 Arising Out of PS. Case No.-369 Year-2025 Thana- DIDARGANJ District- Patna ====================================================== Suraj Kumar @ Suraj Yadav S/o Ramsagar Yadav Resident of - Harnichak, P.S - Beur, District - Patna, Pin - 800002 ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Hemant Kumar Karn, Adv.

For the Opposite Party/s :

Mr. Surendra Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 19-01-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Didarganj PS Case No. 369 of 2025 instituted for the offences under Sections 30(a), 32(2), 32(3), 36, 41(1), 41(2) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that 7555.68 liters of foreign liquor was recovered from a tempo and warehouse.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. The petitioner has got no concern with the alleged recovery of liquor. Learned counsel

Patna High Court CR. MISC. No.1409 of 2026(2) dt.19-01-2026 2/2 for the petitioner submits that the petitioner is the driver of the vehicle in question and he has no knowledge regarding the nature of goods kept in the vehicle and further recovery has also been made from an open place which is accessible to one and all and petitioner has been implicated in this case by the police with ulterior motive. The petitioner is in custody since 16.11.2025 and has got clean criminal antecedent. There is no compliance of Section 103 of the BNSS, 2023.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail, after framing of charge, if not already framed, on furnishing bail bonds of Rs.15,000/- (Fifteen thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Didarganj PS Case No. 369 of 2025. (Rudra Prakash Mishra, J) Siddharth Soni/- U T