Patna High Court
Navin SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- KHATIM REZA
Holding
Bail was granted to the petitioner subject to a bond of Rs. 10,000 and two sureties of the same amount.
Summary
The petitioner, Navin Singh, was arrested in connection with the recovery of 349 litres of country-made liquor from his jointly occupied house, alleged under Section 30(a) of the Bihar Prohibition and Excise Act. He claimed innocence, stating that the liquor was not in his conscious possession and that the seizure list was prepared in violation of Section 103(4) of the Bhartiya Nagrik Suraksha Sanhita. The petitioner had no prior criminal record and had been in custody since 10 September 2025. The State opposed bail, but the court, after considering the facts and submissions, ordered the release of the petitioner on bail with a bond of Rs. 10,000 and two sureties of the same amount, subject to the satisfaction of the Exclusive Special Judge, Excise, Katihar. The bail order effectively disposed of the petition.
Issues considered
- Whether bail should be granted to the petitioner under Section 30(a) of the Bihar Prohibition and Excise Act.
- Whether the seizure list preparation violated Section 103(4) of the Bhartiya Nagrik Suraksha Sanhita.
- Whether the petitioner’s continued custody is justified given his lack of prior criminal antecedents.
Legislation cited
- Bhartiya Nagrik Suraksha Sanhita — s. 103(4)
Subjects
- bail
- excise
- illegal liquor
- seizure
- Section 30(a)
- Section 103(4)
- criminal procedure
- joint house
- false implication
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11547 of 2026
Arising Out of PS. Case No.-318 Year-2025 Thana- Excise P.S. District- Katihar
======================================================
Navin Singh, Son of Chhadu Mahto, Resident of Village- Boulia, Diyara
(Baijnathpur), Ward No. 07, P.S.- Manihari, District- Katihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ajit Kumar Singh, Advocate
For the Opposite Party/s : Ms. Asha Devi, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE KHATIM REZA
ORAL ORDER
2 17-02-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner seeks bail in connection with Katihar
Excise P.S. Case No. 318 of 2025 dated 10.09.2025 instituted
for the offence punishable under Sections 30(a) of the Bihar
Prohibition and Excise Act.
3. The allegation is of recovery of total 349 litres
country made liquor from the house of the petitioner.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and he has been falsely implicated in this
case. Learned counsel for the petitioner submits that nothing has
been recovered from the conscious possession of the petitioner.
The said illicit liquor was recovered from the house of the
petitioner which is joint house in which other family members
Patna High Court CR. MISC. No.11547 of 2026(2) dt.17-02-2026
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are also residing. It is further submitted that seizure list has been
prepared in violation of Section 103(4) of Bhartiya Nagrik
Suraksha Sanhita. Lastly, it has been submitted that the
petitioner is in custody since 10.09.2025 having no criminal
antecedents. Charge-sheet has been submitted in the case.
5. Learned A.P.P. has opposed the prayer for bail of
the petitioner.
6. Having considered the facts and circumstances of
the case and submissions of learned counsel for the parties, let
the petitioner be released on bail upon furnishing bail bonds of
Rs. 10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of the learned Exclusive Special Judge,
Excise, Court No. 1, Katihar in connection with Katihar Excise
P.S. Case No. 318 of 2025.
(Khatim Reza, J)
premchand/-
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