Patna High Court

Sanjay Singh @ Gopi SinghversusThe State of Bihar

Decided: 23 February 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The Court grants bail to the petitioner with specified conditions.

Summary

The petitioner, Sanjay Singh, was arrested in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act after 10 litres of liquor were recovered from bushes. He argued that no liquor was found in his possession and that the recovery was from a public area, claiming false implication. The State opposed bail, noting his three prior criminal convictions and the lack of compliance with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023. The Court examined the circumstances, including the absence of direct possession and the length of custody since 9 January 2026. Considering these factors, the Court decided to grant bail, imposing a bond of Rs. 15,000 with two sureties and conditions regarding family surety and appearance in court. The bail order was issued subject to cancellation if the petitioner defaults on two consecutive appearances.

Issues considered

Whether bail should be granted to the petitioner under Section 30(a) of the Bihar Prohibition and Excise Act given the facts of the case
Whether the lack of direct possession and non‑compliance with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, affect the bail decision

Legislation cited

Bharatiya Nagarika Suraksha Sanhita, 2023 — s. 103

Subjects

bail
prohibition law
excise
possession
criminal antecedents
Section 30(a)
Section 103
Bihar

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.11954 of 2026
                        Arising Out of PS. Case No.-8 Year-2026 Thana- PANDARAK District- Patna
                 ======================================================
                 Sanjay Singh @ Gopi Singh S/O Late Rameshwar Singh Resident of Village-
                 Bihari Bigha, P.S- Pandarak, Distt.- Patna.
                                                                         ... ... Petitioner/s
                                                      Versus
                 The State of Bihar
                                                                  ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Rakesh Bihari Singh, Advocate
                 For the Opposite Party/s :       Mr. Pradeep Narain Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   23-02-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                               2. The petitioner seeks bail in connection with

                   Pandarak P.S. Case No. 8 of 2026 instituted for the offences

                   punishable under Section 30(a) of the Bihar Prohibition and

                   Excise Act.

                               3. The prosecution case, in short, is that total 10 litres

                   of liquor has been recovered from bushes.

                               4. Learned counsel for the petitioner submitted that the

                   petitioner has falsely been implicated in the present case. No

                   incriminating article has been recovered from the conscious

                   possession of the petitioner rather the recovery has been made

                   from an open place which is accessible to public at large. The

                   petitioner has got no concern with the alleged recovery of
           Patna High Court CR. MISC. No.11954 of 2026(2) dt.23-02-2026
                                                       2/2




                     liquor. The petitioner is in custody since 09.01.2026 and has

                     three criminal antecedents. There is no compliance of Section

                     103 of the Bharatiya Nagarika Suraksha Sanhita, 2023.

                                5. Learned APP for the State has vehemently opposed

                     the prayer for grant of bail to the petitioner.

                                6. Considering the aforesaid facts and circumstances of

                     the case as also the period of custody undergone by the

                     petitioner, this Court is inclined to grant bail to the petitioner.

                                  7. Let the petitioner be released on bail on furnishing

                     bail bonds of Rs. 15,000/- ( Rupees Fifteen Thousand) with two

                     sureties of the like amount each to the satisfaction of Court

                     below/concerned Court in connection with Pandarak P.S. Case

                     No. 8 of 2026, subject to the following conditions:

                                  (I) One of the bailors shall be own/close member of

                     the family of the petitioner.

                                  (II) The petitioner shall appear on each and every date

                     fixed at the trial. In case of default in such appearance on two

                     consecutive dates, the Trial Court will have liberty to cancel the

                     bail bonds of the petitioner.



                                           (Rudra Prakash Mishra, J)
Alok Verma/-

U      T

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