Created by Fuzzy Cloud

Patna High Court

Raj Kumar SinghversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted to the petitioner.

Summary

The petitioner, Raj Kumar Singh, applied for bail in a criminal case registered under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022, alleging recovery of 11,250 litres of liquor. The petitioner argued that he was not arrested at the scene, no liquor was found in his possession, and his implication relied solely on a confessional statement of another accused made in police custody, which he claimed lacked evidentiary value. The State opposed the bail, citing the petitioner’s antecedent cases, two of which were also under the Excise Act. The Court examined the nature of the evidence and the petitioner’s custody since 16‑01‑2026, and concluded that the prosecution had not established a strong case to justify continued detention. Accordingly, the Court ordered the petitioner’s release on bail upon furnishing a bail bond of Rs.5,000 with two sureties of the same amount, to be approved by the trial court. The bail order was directed to be recorded in the pending case No.1116 of 2025.

Issues considered

  • Whether bail should be granted to the petitioner in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022, given the nature of the evidence and his antecedent cases.
  • Whether a confessional statement of an apprehended accused, made in police custody, can be relied upon as substantive evidence for denial of bail.

Subjects

  • bail
  • excise law
  • prohibition act
  • confessional statement
  • criminal procedure
  • Bihar
  • High Court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.13021 of 2026
                  Arising Out of PS. Case No.-1116 Year-2025 Thana- SAHARSA SADAR District- Saharsa
                 ======================================================
                 Raj Kumar Singh Son of Ashok Kumar Singh R/o Village-Matsyagandha
                 Police Line, Near Fayring Centre, Ward No 01, P.S-Saharsa Sadar, District-
                 Saharsa

                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Madhav Jha
                 For the Opposite Party/s :      Mr. Shyam Bihari Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   11-03-2026                  1. Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. The petitioner seeks bail in a case registered for the

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

                   Excise (Amendment) Act, 2022.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of three cases, out of which two cases

                   are under the Excise Act and allegation is of recovery of 11.250

                   litres of liquor from a shop. It is next submitted that petitioner

                   was not arrested from the spot as such nothing was recovered

                   from his conscious possession and is not the owner of the shop

                   but then he came to be implicated based on confessional

                   statement of apprehended accused in police custody which does
             Patna High Court CR. MISC. No.13021 of 2026(2) dt.11-03-2026
                                                         2/2




                       not have any evidentiary value. It is next submitted that

                       petitioner is in custody since 16.01.2026. It is further submitted

                       that once an accused is implicated in a case relating to excise,

                       the police starts implicating mechanically either through

                       chowkidar, local person, confessional statement or secret

                       information without holding a proper investigation.

                                     4. Learned A.P.P. opposes the prayer for bail of the

                       petitioner.

                                     5. Considering the submissions made by the learned

                       counsel for the petitioner, the petitioner above-named, is

                       directed to be released on bail on furnishing bail bonds of

                       Rs.5000/- (Rupees five thousand) with two sureties of the like

                       amount each to the satisfaction of the learned trial court where

                       the case is pending/successor court in connection with Saharsa

                       Sadar P.S. Case No.1116 of 2025.



                                                 (Satyavrat Verma, J)
amit/-

U        T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.