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Patna High Court

Navin SinghversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                                       2/2




                     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/-

U      T


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