Surith Giri Vs The State of Bihar — Patna HC (2026) — LawSathi Research

Surith Giri Vs The State of Bihar — Patna HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Release on bail after framing of charge (if not already framed) upon furnishing bail bonds of Rs. 15,000/- (Fifteen thousand) with two sureties of the like amount each to the satisfaction of the Court below, subject to conditions that (I) one bailor shall be an own/close member of the petitioner's family, and (II) the petitioner shall appear on every trial date, failing which, on default on two consecutive dates, the Trial Court may cancel the bail bonds.

Issue for consideration

Whether the petitioner should be granted bail in connection with Excise PS Case No. 497 of 2025, instituted for offences under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act.

Court's answer

Taking into account the facts and circumstances of the case, the clean antecedents of the petitioner and the period of custody undergone, the Court decided to grant bail.

Detailed headnote1 paragraphs

Bail granted — Surith Giri, arraigned as driver — Excise PS Case No. 497 of 2025, Thana-Excise P.S., District Begusarai — offences under Sections 30(a) and 32(3), Bihar Prohibition and Excise Act — prosecution case involved recovery of 2455.200 litres of foreign liquor from a truck. Counsel submitted that no incriminating material was recovered from the petitioner's conscious possession, that his name had surfaced only as the driver unaware of the illicit liquor, that he was in custody since 14.11.2025 with no criminal antecedents, and that there was no compliance of Section 103 of the BNSS, 2023; learned APP opposed the bail prayer. The Patna High Court (Rudra Prakash Mishra, J), by oral order dated 27-01-2026, considering the facts and circumstances, the petitioner's clean antecedents and the period of custody undergone, granted bail: release after framing of charge (if not already framed) on a personal bond of Rs. 15,000/- with two sureties of the like amount each, one bailor to be an own/close family member, appearance on every trial date being mandatory, with liberty to the Trial Court to cancel the bail bonds on default on two consecutive dates.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.4612 of 2026

Arising Out of PS. Case No.-497 Year-2025 Thana- Excise P.S. District- Begusarai

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

Surith Giri S/o Mithilesh Giri Resident of Village-Bonjimeri Colliery Jemri (Basudeopur Jomri), PS-Salanpur, District-Bardhman, State-West Bengal

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr. Amar Kumar Singh, Advocate For the Opposite Party/s : Mr. Braj Kishore Pd., APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA

ORAL ORDER

2 27-01-2026 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in connection with Excise PS Case No. 497 of 2025 instituted for the offences under Section/s 30(a) & 32(3) of the Bihar Prohibition and Excise Act.

The prosecution case, in short, is that 2455.200 liters foreign liquor was recovered from truck.

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. It is submitted

Patna High Court CR. MISC. No.4612 of 2026(2) dt.27-01-2026 2/3

that name of the petitioner has surfaced in this case as being driver of the vehicle in question and he was oblivious of the fact that illicit liquor was laden in the vehicle. The petitioner is in custody since 14.11.2025 and has got no criminal antecedent/s. There is no compliance of Section 103 of the BNSS, 2023.

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

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

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 Excise PS Case No. 497 of 2025, subject to the following conditions:

(I) One of the bailors shall be own/close member of the family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the

Patna High Court CR. MISC. No.4612 of 2026(2) dt.27-01-2026 3/3

bail bonds of the petitioner.

(Rudra Prakash Mishra, J)

Raj Kishore/-

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