Patna High Court
Raj Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
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
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