Created by Fuzzy Cloud

Patna High Court

Ram Mangal Singh @ Ram Magal SinghversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court held that bail should be granted to the petitioners subject to prescribed conditions.

Summary

The petitioners, Ram Mangal Singh and Ajay Kumar Singh, were arrested in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act for the alleged recovery of 250 litres of liquor, a gas cylinder and a motorcycle from a public place near a river. They contended that no incriminating article was found in their possession, they had no prior criminal record, and that the investigation did not comply with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023. The State opposed the bail application. Considering the lack of direct evidence against the accused, their clean record, and the period already spent in custody, the Court inclined to grant bail. The Court ordered release on bail of Rs.15,000 each with two sureties, subject to conditions regarding family surety and regular appearance before the trial court.

Issues considered

  • Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act.
  • Whether the non‑compliance of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, warrants denial of bail.
  • Whether the recovery of liquor from a public place suffices to justify continued detention.

Legislation cited

Subjects

  • bail
  • prohibition law
  • excise
  • Section 30(a)
  • Section 103
  • criminal procedure
  • Bihar
  • high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.13041 of 2026
                        Arising Out of PS. Case No.-5 Year-2026 Thana- CHANDI District- Bhojpur
                 ======================================================
           1.     Ram Mangal Singh @ Ram Magal Singh S/o- Jagdish Singh R/v- Salempur
                  Ps- Chandi Dist- Bhojpur

           2.    Ajay Kumar Singh S/o- Shiv Kumar Singh @ Shi Kumar Singh R/v-
                 Salempur Ps- Chandi Dist- Bhojpur


                                                                                   ... ... Petitioner/s
                                                       Versus

                 The State of Bihar


                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Prabhat Kumar Singh, Advocate
                 For the Opposite Party/s :       Mr. Anand Kishore Choudhary, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   24-02-2026                    Heard learned counsel for the petitioners and learned

                   APP for the State.

                               2. The petitioners seek bail in connection with Chandi

                   P.S. Case No. 5 of 2026 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 250 litres

                   of liquor has been recovered from plastic sac near a river. It is

                   further alleged that one gas cylinder and one motorcycle was

                   also seized from the spot.

                               4. Learned counsel for the petitioners submitted that
Patna High Court CR. MISC. No.13041 of 2026(2) dt.24-02-2026
                                            2/3




          the petitioners have falsely been implicated in the present case.

          No incriminating article has been recovered from the conscious

          possession of the petitioners rather the recovery has been made

          from an open place which is accessible to public at large. The

          petitioners have got no concern with the alleged recovery of

          liquor. The petitioners are in custody since 21.01.2026 and have

          no criminal antecedent. There is no compliance of Section 103

          of the Bharatiya Nagarika Suraksha Sanhita, 2023.

                     5. Learned APP for the State has vehemently opposed

          the prayer for grant of bail to the petitioners.

                     6. Considering the aforesaid facts and circumstances of

          the case and the period of custody undergone by the petitioners,

          this Court is inclined to grant bail to the petitioners.

                       7. Let the petitioners be released on bail, after

          framing of charge, if not already framed, on furnishing bail

          bonds of Rs. 15,000/- (Rupees Fifteen Thousand) each with two

          sureties of the like amount each to the satisfaction of Court

          below/concerned Court in connection with Chandi P.S. Case No.

          5 of 2026, subject to the following conditions:

                       (I) One of the bailors shall be own/close member of

          the family of the petitioners.

                       (II) The petitioners shall appear on each and every
           Patna High Court CR. MISC. No.13041 of 2026(2) dt.24-02-2026
                                                       3/3




                     date 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 petitioners.



                                           (Rudra Prakash Mishra, J)
Alok Verma/-

U      T


Continue reading with your account

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

Sign in to read

Checking your session…

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