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Patna High Court

Bokai SinghversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court granted regular bail to the petitioner.

Summary

The petitioner, Bokai Singh, was charged under Section 30(a) of the Bihar Prohibition and Excise Act for alleged possession of 27.6 litres of illicit liquor recovered from his house. The prosecution alleged that he fled the scene, while the petitioner claimed innocence, stating he was not apprehended and the liquor was not in his conscious possession, and that the house belongs to a joint family. He surrendered to the court on 27-01-2026, is an elderly person with a prior criminal antecedent, and assured cooperation with the investigation. The State opposed regular bail, but the court considered the facts, the nature of the allegation, and the lack of risk of absconding. Consequently, the court granted regular bail on a bond of Rs.10,000 with two sureties.

Issues considered

  • Whether the petitioner is entitled to regular bail under Section 30(a) of the Bihar Prohibition and Excise Act.
  • Whether the presence of a prior criminal antecedent justifies denial of bail.
  • Whether the petitioner poses a risk of absconding or tampering with evidence.

Subjects

  • bail
  • regular bail
  • Bihar Prohibition and Excise Act
  • illicit liquor
  • criminal antecedent
  • court order

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.10965 of 2026
                        Arising Out of PS. Case No.-150 Year-2025 Thana- Salmari District- Katihar
                 ======================================================
                 Bokai Singh Son of Late Jitu Singh Resident of Village- Chhoghariya Ward
                 No. 01,P.S.- Salmari, District-Katihar.

                                                                                     ... ... Petitioner/s
                                                         Versus
                 The State of Bihar.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Bimal Kumar, Advocate.
                 For the Opposite Party/s :        Mr. Anish Chandra, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                       ORAL ORDER

2   17-02-2026                     Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. The petitioner seeks regular bail in a case registered

                   under Section 30(a) of Bihar Prohibition and Excise Act.

                                3. As per the prosecution case, 27.6 litres of illicit

                   liquor was recovered from the house of petitioner. It is alleged

                   that the petitioner fled away from the spot.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has been falsely implicated in this

                   case due to his one previous criminal antecedent. Further

                   submission is that the petitioner was neither apprehended on the

                   spot nor any incriminating article has been recovered from his

                   conscious possession. Learned counsel submits that the house

                   from where the alleged recovery has been made belongs to the
              Patna High Court CR. MISC. No.10965 of 2026(2) dt.17-02-2026
                                                          2/2




                        joint family. Petitioner is an old person who himself surrendered

                        before the Court concerned on 27.01.2026. There is no chance

                        of his absconding or tampering with the evidence. Petitioner

                        undertakes to cooperate in the investigation and trial.

                                     5. Learned A.P.P. for the State has opposed the prayer

                        for regular bail of the petitioner.

                                     6. Considering the facts and circumstances of the

                        case, the submissions of learned counsel for the parties, nature

                        of allegation against the petitioner and the period of custody, let

                        the petitioner, above named, be released on bail on furnishing

                        bail bond of Rs.10,000/- (Rupees Ten Thousand) with two

                        sureties of the like amount each to the satisfaction of learned

                        Court concerned in connection with Salmari P.S. Case No.150

                        of 2025.



                                                (Sunil Dutta Mishra, J)
Ritik/-

U         T


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