Patna High Court
Bhagwan Singh @ Jay Bhagwan Sing @ JagguversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court granted bail to the petitioner.
Summary
Petitioner Bhagwan Singh applied for bail in a case (Karja P.S. Case No. 237 of 2025) involving alleged offences under Section 317(2) of the Bharatiya Nyaya Sanhita, 2023 and Section 30(a) of the Bihar Prohibition and Excise Act, where 622.5 litres of liquor were seized from a car. The prosecution alleged his involvement, while the petitioner contended that he was neither the owner nor the driver of the vehicle, had no incriminating material in his possession, and possessed no prior criminal record. He also argued that the statutory requirement of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023 had not been complied with. The State opposed the bail, but the court noted the petitioner’s prolonged custody since 20‑08‑2025 and the bail already granted to a co‑accused. Consequently, the court inclined to grant bail, ordering release upon furnishing a bail bond of Rs.15,000 with two sureties of equal amount.
Issues considered
- Whether bail should be granted to the petitioner under the circumstances of the case
- Whether the requirements of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023 have been complied with
- Whether the petitioner’s alleged connection with the seized liquor justifies denial of bail
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 103
- Bharatiya Nyaya Sanhita, 2023 — s. 317(2)
- Bihar Prohibition and Excise Act — s. 30(a)
Subjects
- bail
- criminal procedure
- liquor seizure
- prohibition law
- Bharatiya Nyaya Sanhita
- Bihar Prohibition and Excise Act
- Bharatiya Nagarik Suraksha Sanhita
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12226 of 2026
Arising Out of PS. Case No.-237 Year-2025 Thana- KARJA District- Muzaffarpur
======================================================
Bhagwan Singh @ Jay Bhagwan Sing @ Jaggu S/O Jay Singh Resident of
Village- Digal, P.S.- Jhajjar, Dist.- Jhajjar, Haryana
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dr. Bipin Chandra, Advocate
For the Opposite Party/s : Mr. Sanjay Kumar Tiwary, 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 Karja P.S.
Case No. 237 of 2025, instituted for the offences punishable
under Section 317(2) of the Bharatiya Nyaya Sanhita, 2023 and
Section 30(a) of the Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that 622.500 liters
liquor was recovered from car.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
present case. No incriminating material has been recovered from
the conscious possession of the petitioner. The petitioner has got
no concern with the alleged recovery of liquor. Learned counsel
Patna High Court CR. MISC. No.12226 of 2026(2) dt.23-02-2026
2/2
for the petitioner also submits that the petitioner is neither
owner nor driver of the car in question. The petitioner is in
custody since 20.08.2025 and has got no criminal antecedent.
There is no compliance of Section 103 of the Bharatiya Nagarik
Suraksha Sanhita, 2023. Other co-accused has been granted bail
by this Court vide order dated 27.11.2025, passed in Cr. Misc.
No. 81265 of 2025.
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 and 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 Karja P.S. Case No.
237 of 2025.
(Rudra Prakash Mishra, J)
Raj Kishore/-
U T
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