Patna High Court
Raj Kishor SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court granted bail to the petitioner.
Summary
Petitioner Raj Kishor Singh was arrested in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act after 387 litres of liquor were recovered from his joint house. He contended that he had no conscious possession of the liquor, that the recovery was based on secret information, and that he had no prior criminal record. The petitioner also argued that the prosecution had not complied with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The State opposed the bail application. Considering the lack of incriminating material against the petitioner, his clean antecedent, and the period of custody already served, the Court granted bail on a bond of Rs.15,000 with two sureties.
Issues considered
- Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act in view of the facts of the case
- Whether non‑compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, warrants bail
Legislation cited
Subjects
- bail
- prohibition law
- excise
- possession of liquor
- Section 30(a)
- Section 103
- criminal procedure
- joint house
- no antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12246 of 2026
Arising Out of PS. Case No.-193 Year-2025 Thana- GANGABRIDGE District- Vaishali
======================================================
Raj Kishor Singh S/o Late Ram Baran Singh Resident of Village- Nawada
Khurd, PS- Ganga bridge, Distt.- Vaishali
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Santosh Kumar, Advocate
For the Opposite Party/s : Mr.Umeshanand Pandit, A.P.P.
======================================================
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 Ganga
Bridge P.S. Case No. 193 of 2025, 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 387
liters liquor was recovered from the house of the petitioner.
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. The name of the
petitioner transpired in this case on the basis of secret
Patna High Court CR. MISC. No.12246 of 2026(2) dt.23-02-2026
2/2
information. Learned counsel for the petitioner further
submitted that the recovery has been made from joint house of
the petitioner, where other family members also reside. The
petitioner is in custody since 22.12.2025 and has got no criminal
antecedent. There is no compliance of Section 103 of the
Bharatiya Nagarik 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 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 Ganga Bridge P.S.
Case No. 193 of 2025.
(Rudra Prakash Mishra, J)
manish/-
U T
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