Patna High Court
Umesh Singh @ Umesh Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted regular bail to the petitioner.
Summary
Umesh Singh was arrested in connection with the seizure of 198 litres of Nepali liquor from a car, alleged to be an offence under section 30(a) of the Bihar Prohibition and Excise Act. The petitioner claimed he had no conscious possession of the liquor, that the police failed to comply with Section 105 of the BNSS while preparing the seizure, and that he was falsely implicated. The State opposed bail, citing two prior criminal cases against the petitioner. After hearing both sides, the Patna High Court considered the lack of direct possession, procedural lapses, and the petitioner’s custody since 29‑01‑2026, and decided to grant regular bail. The court ordered his release on a bail bond of Rs 10,000 with two sureties, subject to the satisfaction of the Exclusive Special Judge, Excise, Madhubani.
Issues considered
- Whether the petitioner is entitled to regular bail despite alleged involvement in an excise offence
- Whether the alleged non‑compliance with Section 105 of the BNSS by police affects the bail decision
- Impact of the petitioner’s prior criminal antecedents on the grant of bail
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
- BNSS — s. 105
Subjects
- bail
- excise offence
- seizure
- Section 30
- police procedure
- criminal antecedent
- regular bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16442 of 2026
Arising Out of PS. Case No.-50 Year-2026 Thana- Excise P.S. District- Madhubani
======================================================
Umesh Singh @ Umesh Kumar Singh S/o Subhchandra Singh R/o Village-
Chacharaha, P.S.- Basopatti, District- Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shabina Talat, Advocate
For the Opposite Party/s : Mr. Md. Anzarul Haque Sahara, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 13-03-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for regular bail in a case
registered for the offence punishable under section 30(a) of the
Bihar Prohibition and Excise Act.
3. The case of the prosecution is that from a car,
altogether 198 liters of nepali liquor was recovered.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. Learned
counsel for the petitioner has submitted that nothing has been
recovered from the conscious possession of the petitioner. He
has been falsely implicated in this case. He has no knowledge
regarding the alleged recovery. The witnesses of the seizure list
are police personnel and police has not complied Section 105 of
Patna High Court CR. MISC. No.16442 of 2026(2) dt.13-03-2026
2/2
BNSS while preparing seizure. Moreover, he is languishing in
judicial custody since 29.01.2026.
5. Learned APP appearing for the State has
vehemently opposed the prayer of regular bail and submitted
that petitioner is having criminal antecedent of two cases.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be released on bail in connection with
Excise P.S. Case No. 50 of 2026 on furnishing bail bond of
Rs.10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of learned Exclusive Special Judge
Excise, Madhubani.
(Ashok Kumar Pandey, J)
Shubham/-
U T
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