Suraj Kumar Vs The State of Bihar — Anticipatory Bail | Patna HC (2025)

Suraj Kumar Vs The State of Bihar — Anticipatory Bail | Patna HC (2025)

What the court decided

AI extract

Outcome

Anticipatory bail allowed: petitioners to be released on bail in the event of arrest or surrender before the learned court below within four weeks, on furnishing bail bond of Rs. 10,000/- each with two sureties of the like amount each to the satisfaction of learned Additional District & Sessions Judge-IV-Special Judge, Excise-II, Nalanda in Islampur P.S. Case No. 324 of 2024, subject to Section 438(2) Cr.P.C. conditions and with one bailor being an own/close family member of the petitioners.

Issue for consideration

Whether the petitioners, apprehending arrest in Islampur P.S. Case No. 324 of 2024 for the offence under Section 30(a) of the Bihar Prohibition and Excise Act, are entitled to be released on anticipatory bail. +1 more

Court's answer

Anticipatory bail granted: the petitioners are to be released on bail in the event of their arrest or surrender before the learned court below within four weeks.

Ratio / Principle

Basis of the grant: the petitioners have no concern with the motorcycle in question from where the recovery was made; there are infirmities in the search and seizure; and there is no material attracting the bar under Section 72 of the Bihar Prohibition and Excise Act, 2016.

Key takeaways

Bail to be furnished on a bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each, to the satisfaction of the learned Additional District & Sessions Judge-IV-Special Judge, Excise-II, Nalanda in Islampur P.S. Case No. 324 of 2024.ratio¶22
Release is subject to the conditions laid down under Section 438(2) Cr.P.C., with the further condition that one of the bailors shall be an own/close family member of the petitioners.ratio¶22

Detailed headnote1 paragraphs

Anticipatory bail - Bihar Prohibition and Excise Act - offence under S. 30(a); bar under S. 72 considered - Petitioners apprehended arrest in Islampur P.S. Case No. 324 of 2024 (District Nalanda), where 50 lts. of country-made liquor was recovered in a raid during which two persons fled leaving motorcycle no. BR01HA 3533 - Counsel contended the petitioners had no concern with the motorcycle or the illicit wine and were implicated only because of one criminal antecedent of identical nature; infirmities shown in the search and seizure; no independent witness to the seizure - Held, considering that the petitioners have no concern with the motorcycle in question from where recovery has been made, coupled with the infirmities in the search and seizure and absence of material attracting the bar under S. 72 of the Bihar Prohibition and Excise Act, 2016, the petitioners were directed to be released on bail in the event of arrest or surrender within four weeks - Bail bond Rs. 10,000/- each with two like sureties to the satisfaction of learned Additional District & Sessions Judge-IV-Special Judge, Excise-II, Nalanda - Subject to S. 438(2) Cr.P.C. conditions, with one bailor to be an own/close family member. (Harish Kumar, J) (Paras 15-22)

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.24654 of 2025

Arising Out of PS. Case No.-324 Year-2024 Thana- ISLAMPUR District- Nalanda

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Suraj Kumar S/o- Sanjay Prasad Resident of village- Khagari Bigha P.SIslampur District- Nalanda.

Guddu Kumar S/o- Dilip Yadav Resident of village- Khagari Bigha P.SIslampur District- Nalanda.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr. Manoj Kumar, Adv. For the Opposite Party/s : Mr. Nityanand, APP ======================================================

CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER

2 02-05-2025

Heard learned counsel for the petitioners and learned

APP for the State.

The petitioners apprehend their arrest in connection with Islampur P.S. Case No. 324 of 2024 registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

The police on a tip-off trafficking of illicit wine, conducted raid, however, noticing the police party, two persons after throwing gallons from their hand and leaving their motorcycle bearing registration no. BR01HA 3533, succeeded in fleeing away. On search, 50 lts. of country made liquor was recovered.

Patna High Court CR. MISC. No.24654 of 2025(2) dt.02-05-2025 2/3

Learned counsel for the petitioners referring to the FIR contended that the petitioners have neither any concern with the motorcycle in question nor with the illicit wine. However, only on account of one criminal antecedent of identical nature, as has been disclosed in para-3 of the bail application, their names have been implicated in this case without there being any cogent material. The disclosure of the name of the petitioners by local persons also does not inspire any confidence in absence of their names, not disclosed by the police. Infirmities have also been shown in the search and seizure and further submission has been made that there is no independent witness to the seizure. This also smacks mala fide on the part of the police personnel when the recovery has been made in a public place.

On the other hand, learned counsel for the State vehemently opposed the bail application.

Regard being had to the submissions made on behalf of the parties and considering the fact that the petitioners have no concern with the motorcycle in question from where recovery has been made, coupled with the infirmities in the search and seizure and there is no material attracting bar under Section 72 of the Bihar Prohibition and Excise Act, 2016, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the

Patna High Court CR. MISC. No.24654 of 2025(2) dt.02-05-2025 3/3

learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional District & Sessions Judge-IV-Special Judge, Excise-II, Nalanda in connection with Islampur P.S. Case No. 324 of 2024, subject to the condition as laid down under Section 438(2) of the Cr.P.C., with further condition that one of the bailors shall be the own/close family members of the petitioners.

(Harish Kumar, J)

rohit/-

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