Suraj Kumar Vs The State of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.24584 of 2026

Arising Out of PS. Case No.-221 Year-2021 Thana- MITHANPURA District- Muzaffarpur

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Suraj Kumar Son of Shambhu Mahto Resident of Mohalla - Veena Concert Lane, Harisabha School Campus, P.S.- Mithanpura, District - Muzaffarpur.

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... ... Petitioner/s

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Versus

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The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Alok Kumar Alok For the Opposite Party/s : Ms. Veena Kumari Jaiswal ======================================================

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CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER

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2 20-04-2026

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Heard learned counsel for the petitioner and learned

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A.P.P. for the State.

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The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 414/34 of BNS and Sections 30(a), 32(ii) and 41(1) of Bihar Prohibition and Excise Act, 2016.

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Learned counsel for the petitioner submits that petitioner has antecedent of three cases, out of which, two cases are under the Excise Act and allegation is of recovery of 360 litres of liquor from an auto, 532.8 litres of liquor from another auto, 146.88 litres of liquor from a maruti car and 13.95 litres of liquor from a motorcycle. It is next submitted that petitioner was not arrested from the spot as such nothing was recovered from his conscious possession and is not the owner of any of the

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Patna High Court CR. MISC. No.24584 of 2026(2) dt.20-04-2026 2/3

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seized vehicle and he came to be implicated based on confessional statement of apprehended accused in police custody which does not have any evidentiary value. It is also submitted that after amendment in the Excise Act in the year 2018, the concept of deemed possession and presumed offender has been done away with. It is also submitted that once an accused is implicated in a case relating to excise, the police starts implicating mechanically either through chowkidar, local person, confessional statement or secret information without holding a proper investigation. It is further submitted that petitioner earlier in similar manner also came to be implicated in cases relating to excise.

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Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

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Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender within a period of six weeks from today, be released on provisional anticipatory bail on furnishing bail bonds of Rs.15,000/- (Rupees fifteen thousasnd) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Mithanpura P.S. Case No.221/2021, subject

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Patna High Court CR. MISC. No.24584 of 2026(2) dt.20-04-2026 3/3

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to the conditions as laid down under Section 482(2) of the B.N.S.S.

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It is made clear that the learned trial court thereafter shall verify the criminal antecedents of the petitioner and in the event if it is found that petitioner has antecedent of more than three cases, in that event, it would be presumed that petitioner had concealed his antecedent before this court, as such, the provisional anticipatory bail order shall not be confirmed but if on verification it is found that petitioner has antecedent of three cases, in that event the provisional anticipatory bail order shall be confirmed forthwith.

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(Satyavrat Verma, J)

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amit/-

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U T

Suraj Kumar v. The State of Bihar

Case brief

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Suraj Kumar v. The State of Bihar

Case brief

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