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

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

What the court decided

AI extract

Outcome

Anticipatory bail allowed: petitioner to be released on bail upon arrest or surrender before the Court below within four weeks, on deposit of Rs. 5,000/- to the Advocate Association of the Patna High Court, Patna (acknowledgment receipt to be filed before furnishing bonds), and on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each, subject to Section 438(2) CrPC read with Section 482(2) BNSS and conditions (i)-(v): one bailor to be a close relative; presence in Court on each trial date; bond cancellable for absence/violation; liberty to prosecution to seek cancellation if involved in similar offence; antecedent verification by Court below without delaying acceptance of bonds.

Issue for consideration

Whether the petitioner, apprehending arrest in connection with Excise P.S. Case No. 312 of 2024 registered for offences under Section 30(a) of the Bihar Prohibition & Excise Act, is entitled to be released on bail in the event of arrest (pre-arrest/anticipatory bail).

Court's answer

In the event of arrest or surrender before the Court below within four weeks, the petitioner is to be released on bail on deposition of Rs. 5,000/- to the Advocate Association of the Patna High Court, Patna, with acknowledgment receipt submitted to the Court below before furnishing bail bonds, and on furnishing a bail bond of Rs. 10,000/- with two sureties of the like amount each, subject to the conditions under Section 438(2) CrPC read with Section 482(2) BNSS and further conditions laid down by the Court.

Ratio / Principle

Bail is made subject to conduct conditions, including physical presence in Court on each date of trial, and the bail bond becomes liable to cancellation for absence on two consecutive dates, violation of bail terms, involvement in any future similar offence, or concealment of criminal antecedents (verification not to delay acceptance of bonds).

Key takeaways

The prayer for bail is allowed.ratio¶27

Detailed headnote1 paragraphs

Anticipatory bail — S. 30(a), Bihar Prohibition & Excise Act — Alleged recovery of 13.5 litres of illegal foreign liquor from the back seat of a motorcycle belonging to the petitioner; nothing allegedly recovered from his conscious physical possession; implication claimed only on the ground of ownership of the vehicle; claim of clean antecedent — Held: petitioner, on arrest or surrender within four weeks, to be released on bail on deposit of Rs. 5,000/- with the Advocate Association of the Patna High Court, Patna, and furnishing of bail bond of Rs. 10,000/- with two sureties of the like amount, subject to S. 438(2) CrPC read with corresponding S. 482(2) BNSS and further conditions: one bailor a close relative; physical presence at every trial date; bond liable to cancellation for consecutive absence, violation, future similar offence, or concealed criminal antecedent (verification not to delay acceptance of bonds). (Patna High Court, CR. MISC. No.51738 of 2025, Sourendra Pandey, J., order dated 12-08-2025.)

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.51738 of 2025

Arising Out of PS. Case No.-312 Year-2024 Thana- Excise P.S. District- Jamui

======================================================

Suraj Kumar Marandi S/o Chhotelal Marandi Resident of Vill- Amoi, PSMihijam, District- Jamtara, Jharkhand

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance :

For the Petitioner/s : Mr. Amar Prakash, Advocate For the Opposite Party/s : Mrs. Meena Singh, A.P.P. ======================================================

CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY ORAL ORDER

2 12-08-2025 Heard learned counsel for the petitioner and the

learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending his arrest in a case registered for the offences punishable under Section 30(a) of Bihar Prohibition & Excise Act.

3. As per the prosecution case, it is said that 13.5 litres of illegal foreign liquor was recovered from the back seat of the motorcycle which belongs to the petitioner.

4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case. He further submits that no incriminating article has been recovered from his conscious physical possession and he has been implicated only on the ground that the petitioner happens to be the owner of the said motorcycle. Learned counsel lastly

Patna High Court CR. MISC. No.51738 of 2025(2) dt.12-08-2025 2/3

submits that petitioner has clean antecedent. The learned counsel for the petitioner undertakes to deposit a sum of Rs. 5,000/- in the account of Advocate Association of the Patna High Court, Patna.

5. The learned A.P.P. for the State has vehemently opposed the prayer for bail.

6. Considering the aforesaid submissions, the petitioner, above named, in the event of his arrest or surrender before the Court below within four weeks, be released on bail on deposition of a sum of Rs. 5,000/- to the Advocate Association of the Patna High Court, Patna, and an acknowledgment receipt be submitted before the learned Court below prior to the furnishing bail bonds on furnishing bail bond of Rs. 10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor court in connection with JAM P.S. Case No. 312 of 2024, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure read with corresponding Section 482(2) of BNSS as well as subject to the following conditions:-

(i) One of the bailors of the petitioner shall be his close relative.

Patna High Court CR. MISC. No.51738 of 2025(2) dt.12-08-2025 3/3

(ii) The petitioner shall remain physically present in Court on each date of the trial.

(iii) In case of absence on two consecutive dates, or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the Court concerned.

(iv) If the petitioner is found involved in similar nature of offence in future, the prosecution shall be at liberty to move for cancellation of his bail bond.

(v) The learned Court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

7. Accordingly, the prayer for bail is allowed.

(Sourendra Pandey, J)

Siwani/-

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