Patna High Court
Bokai SinghversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SUNIL DUTTA MISHRA
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
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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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