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Patna High Court

Raj Kishore Singh @ Raj Kishor SinghversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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
                                                       3/3




                     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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