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Patna High Court

Bijli Singh @ Durga SinghversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The Court held that bail should be granted to the petitioner subject to specified conditions.

Summary

The petitioner, Bijli Singh, was arrested in connection with a seizure of 310 litres of country-made liquor alleged to be a violation of Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act. The petitioner contended that the liquor was seized from his joint family property and not from his personal possession, and that the seizure list was prepared in violation of Section 103 of the BNSS because no independent witness was produced. The State opposed bail, arguing that the petitioner is a habitual offender with three similar pending cases. The Court examined the bail application, the nature of the alleged offence, and the petitioner’s criminal antecedents, and concluded that bail could be granted subject to conditions. Accordingly, the Court ordered the petitioner’s release on bail upon furnishing a Rs 10,000 bond with two sureties, one of whom must be a close relative, and directed the trial court to verify the antecedents and cancel bail if concealment is discovered.

Issues considered

  • Whether the petitioner is entitled to bail despite alleged violation of Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act.
  • Whether the seizure list prepared under Section 103 of the BNSS, lacking an independent witness, invalidates the prosecution’s case.
  • Whether the petitioner’s prior criminal antecedents justify denial of bail.

Legislation cited

Subjects

  • bail
  • prohibition act
  • seizure
  • criminal antecedent
  • habitual offender
  • excise
  • joint family property

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No 11819 of 2026
                        Arising Out of PS. Case No.-22 Year-2026 Thana- DURAULI District- Siwan
                 ======================================================
                 Bijli Singh @ Durga Singh S/o Rajmuni Singh R/o Village - Done Bujurg, P.S
                 - Darauli, District - Siwan

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       M/s Sanjay Kr Tiwari, Mohan Kr Tiwari, Ujjwal
                                                      Kr, Advocates
                 For the Opposite Party/s :       Mr.Sanjay Kumar Pandey
                 ======================================================
                 CORAM: HONOURABLE MR JUSTICE RITESH KUMAR

                                                  ORAL ORDER

2   17-02-2026                   Heard the parties.

                                 2 The petitioner is in custody in connection with

                   Darauli PS Case No 22 of 2026 dated 11.01.2026 for allegedly

                   having committed an offence under Section 30 (a) of the Bihar

                   Prohibition and Excise (Amendment) Act.

                                 3 The learned counsel for the petitioner submits that

                   310 liters of country made liquor was seized from the open

                   space within the boundary of the petitioner and the petitioner

                   was apprehended at the spot.               The learned counsel for the

                   petitioner further submits that the petitioner is innocent and has

                   not committed the offence. The alleged seizure has been made

                   from the joint family property of the petitioner and nothing has

                   been recovered from his conscious possession. The learned
Patna High Court CR. MISC. No.11819 of 2026(2) dt.17-02-2026
                                            2/3




          counsel for the petitioner further submits that the seizure list has

          been prepared in complete violation of the provisions contained

          in Section 103 of the BNSS, since no independent witness has

          come forward to support the case of the prosecution and the

          petitioner is in custody since 12.01.2026, having three criminal

          antecedents of similar nature of the years, 2021 and 2022

          respectively.      The learned counsel for the petitioner further

          submits that since the petitioner is having criminal antecedents

          of similar nature, therefore, he has been made accused in the

          present case also.

                       4 The learned APP opposes the prayer for bail

          vehemently and submits that the petitioner is a habitual offender

          having three cases pending against him of the similar nature.

                       5 Having heard the parties, let the petitioner above

          named be released on bail on his furnishing bail bond of Rs

          10,000/- (Rupees Ten Thousand) with two sureties of the like

          amount each to the satisfaction of the learned Exclusive Special

          Excise Court I, Siwan in connection with Darauli PS Case No

          22 of 2026 subject to the condition as laid down under Section

          480 (3) of the BNSS/437 (3) of the Cr P C with a condition

          that :

                                    (i) one of the bailors should be a
                       close     relative/family member of the
           Patna High Court CR. MISC. No.11819 of 2026(2) dt.17-02-2026
                                                       3/3




                                  petitioner,

                                             (ii) the petitioner will cooperate
                                  in the trial.

                                  6 The learned trial Court shall verify the criminal

                     antecedent of the petitioner and in case at any stage if it is found

                     that the petitioner has concealed his criminal antecedent, then

                     the Court below shall take steps for cancellation of his bail

                     bond. However, the acceptance of the bail bond in terms of the

                     above mentioned order shall not be delayed for the purpose of

                     or in the name of verification.



                                                 (Ritesh Kumar, J)
M.E.H./-

U


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