Patna High Court
Bijli Singh @ Durga SinghversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- RITESH KUMAR
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
- BNSS — s. 103, 480(3)
- Code of Criminal Procedure, 1973 — s. 437(3)
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
Checking your session…