Patna High Court
Ram Mangal Singh @ Ram Magal SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
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
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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
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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
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