Patna High Court
Raj Kishore Singh @ Raj Kishor SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court granted bail to the petitioner subject to bond, sureties and conditions of appearance.
Summary
The petitioner, Raj Kishore Singh, was arrested in Jandaha for alleged possession of 5 litres of liquor recovered from two motorcycles parked outside his poultry farm, under Sections 274, 275(3)(5) of the Bharatiya Nyaya Sanhita, 2023 and Sections 30(a), 30(c), 30(d), 34(B) of the Bihar Prohibition and Excise Act. He contended that no liquor was found in his direct possession, that he was falsely implicated, and that the prosecution had not complied with Section 103 of the B.N.S.S. regarding bail procedures. The State opposed bail, citing the seriousness of the offences and the petitioner’s two prior criminal antecedents. The Court considered the lack of material recovered from the petitioner, the absence of compliance with Section 103, and the period of custody since 13‑12‑2025, and decided to grant bail. Bail was ordered on a bond of Rs.15,000 with two sureties, subject to conditions of family surety, regular appearance, and possible cancellation on default.
Issues considered
- Whether bail should be granted to the accused under the provisions of the Bharatiya Nyaya Sanhita, 2023 and the Bihar Prohibition and Excise Act despite the seriousness of the offences.
- Whether the prosecution complied with Section 103 of the Bharatiya Nyaya Sanhita, 2023, a prerequisite for bail consideration.
- Whether the petitioner’s prior criminal antecedents and period of custody justify denial of bail.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 103, 274, 275(3)(5)
Subjects
- bail
- criminal procedure
- liquor possession
- Bharatiya Nyaya Sanhita
- Bihar Prohibition and Excise Act
- Section 103
- prior criminal antecedents
- custody
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12419 of 2026
Arising Out of PS. Case No.-536 Year-2025 Thana- JANDAHA District- Vaishali
======================================================
Raj Kishore Singh @ Raj Kishor Singh S/O Ram Surat Singh Resident of
Village- Arniya, P.S- Jandaha, District- Vaishali.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Pranav Kumar Jha, Advocate
For the Opposite Party/s : Mrs.Meena Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 25-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in Jandaha P.S. case No.
536 of 2025 instituted for the offences under Sections 274, 275,
3(5) of Bharatiya Nyaya Sanhita, 2023 and Sections 30(a),
30(c), 30(d) and 34(B) of the Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that 5 liters liquor
was recovered from two motorcycles. Several stickers, empty
boxes and caps were also recovered and the petitioner was
arrested on spot. One auto was also recovered from the spot.
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
Patna High Court CR. MISC. No.12419 of 2026(2) dt.25-02-2026
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from the conscious possession of the petitioner. The petitioner is
not connected or has got no concern with the alleged recovery
of liquor. It is further submitted that the name of the petitioner
has transpired as recovery is made from the two motorcycles
parked outside the poultry farm of the petitioner. Nothing has
been recovered from the poultry farm of the petitioner . The
petitioner is in custody since 13.12.2025 and has got two
criminal antecedents. There is no compliance of Section 103 of
B.N.S.S., 2023.
5. Learned A.P.P. 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/- (Fifteen thousand) with two sureties
of the like amount each to the satisfaction of Court
below/concerned Court in connection with Jandaha P.S. case
No. 536 of 2025, 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
Patna High Court CR. MISC. No.12419 of 2026(2) dt.25-02-2026
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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)
Pankaj/-
U T
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