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2026 DAILYLAW 17628 (PAT)

Suraj Kumar v. The State of Bihar

CR. MISC./36058/2026 · 2026-06-08

Smt Soni Shrivastava

body2026

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.36058 of 2026 Arising Out of PS. Case No.-178 Year-2026 Thana- Excise P.S. District- Begusarai ====================================================== 1. Suraj Kumar S/o Late Rajendra Saw @ Rajendra Sah Resident of Village - Malhipur, Ward No.- 03, P.S.- Chakiya, District - Begusarai (Bihar) 2. Manish Kumar S/o Late Rajendra Saw @ Rajendra Saw Resident of Village - Malhipur, Ward No.- 03, P.S.- Chakiya, District - Begusarai ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Akash Kumar Mishra, Advocate For the State : Mr. Ajay Kumar Jha, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 2 08-06-2026 Heard learned counsel for the petitioners and learned APP for the State. 2. The petitioners seek bail in a case registered for the offence punishable under Sections 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018. 3. There is a recovery of 97.125 liters of foreign liquor from a hall which is on the rooftop in the house of the petitioners. 4. Learned counsel for the petitioners submits that no recovery has been made from the personal or conscious possession of the petitioners rather the house in question is a joint family house, as such no responsibility can be fixed on the petitioners. There is no independent witnesses during the search and seizure. The petitioners have no criminal antecedent Patna High Court CR. MISC. No.36058 of 2026(2) dt.08-06-2026 2/2 and are in custody since 20.04.2026. 5. Learned APP for the State opposed the bail petition. 6. Taking into consideration the facts and circumstances of the case and also considering the fact that the recovery is from joint family property and the petitioners have no criminal antecedent, let the above named petitioners, be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Judge-II, Begusarai/concerned Court below in connection with Excise P.S. Begusarai Case No. 178 of 2026. priyanka/- (Soni Shrivastava, J) U T