Patna High Court
Sri Ram Singh @ Sriram SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRAVEEN KUMAR
Holding
The court held that the petitioners are entitled to bail as they lacked knowledge of the illicit liquor and the procedural defaults under Section 105 BNSS warrant their release.
Summary
The petitioners, Ram Singh and Pandav Singh, were arrested in connection with a case involving the seizure of 1,600.2 liters of illicit foreign liquor from a truck. They claimed to be merely the driver and cleaner and were unaware that the consignment contained prohibited liquor. The prosecution charged them under Section 61 of the Bhartiya Nayay Sanhita and Section 30(a) of the Bihar Prohibition and Excise Act, 2022. The petitioners argued that the procedural safeguards of Section 105 of the Bhartiya Nayay Sanhita had not been observed and that they had been in custody since 26‑12‑2025. The State opposed bail, contending the seriousness of the offence. The court, considering the lack of knowledge on the part of the petitioners and the procedural lapses, ordered their release on bail with a bond of Rs.10,000 each and two sureties.
Issues considered
- Whether the petitioners, as driver and cleaner, are entitled to bail despite the seizure of illicit liquor.
- Whether the procedural requirements of Section 105 of the Bhartiya Nayay Sanhita were complied with in the arrest and detention of the petitioners.
Subjects
- bail
- illicit liquor
- excise law
- Section 61 BNSS
- Section 30(a) Bihar Prohibition and Excise Act
- Section 105 BNSS
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10190 of 2026
Arising Out of PS. Case No.-361 Year-2025 Thana- DHORAIYA District- Banka
======================================================
1. Sri Ram Singh @ Sriram Singh S/o Bindeshwari Singh @ Vindeshwari
Singh Resident of vill- Bharna, P.S- Beldaur, Distt.- Khagaria
2. Pandav Singh S/o Bindeshwari Singh @ Vindeshwari Singh Resident of vill-
Bharna, P.S- Beldaur, Distt.- Khagaria
... ... Petitioners
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr. Dhananjay Kumar Pandey
For the Opposite Party/s : Mrs. Asha Kumari
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
3 01-04-2026 Heard learned counsel for the petitioners and learned
A.P.P. for the State.
2. The petitioners are seeking bail in connection with
Dhoraiya P.S. Case No. 361 of 2025, registered for the offence
under Section 61 of the Bhartiya Nayay Sanhita and 30(a) of the
Bihar Prohibition and Excise Act, 2022.
3. As per the prosecution case, a truck was intercepted
and from the said truck altogether 1600.2 liters of illicit foreign
liquor was recovered.
4. Learned counsel appearing for the petitioners
submits that the petitioner No.1 and 2 happen to be the driver
and cleaner of the truck in question and they were not aware that
the consignment, which they were carrying, contained illicit
Patna High Court CR. MISC. No.10190 of 2026(3) dt.01-04-2026
2/2
liquor, moreover, provisions of Section 105 BNSS has not been
followed and they are in custody since 26.12.2025.
5. Learned A.P.P. for the State, vehemently, opposed
the prayer for bail of the petitioners.
6. Considering the facts and circumstances of the case
and the period of custody, let the, above named, petitioners be
released on bail on furnishing bail bond of Rs. 10,000/- (ten
thousand) each with two sureties of the like amount each to the
satisfaction of learned Excl. Spl. Excise Court-I, Banka, in
connection with Dhoraiya P.S. Case No. 361 of 2025.
(Praveen Kumar, J)
Pawan/-
U T
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