Patna High Court
Raj Kumar Singh @ Raja Singh @ Rajkumar Singh @ Raja @ Raj KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted bail to the petitioner, finding procedural deficiencies in the seizure and insufficient evidence of his participation.
Summary
The petitioner, Raj Kumar Singh, applied for bail in a case where 1,616.64 litres of illicit foreign liquor were seized from a pick‑up van, alleged to be a violation of Section 30(a) of the Bihar Prohibition and Excise Act. The prosecution claimed the petitioner was identified by a local watchman and was involved in the offence, while the petitioner contended he was neither the owner nor the driver and that the seizure was not made in accordance with Section 105 of the B.N.S.S. He had been in judicial custody since 8 February 2026. The State opposed bail, citing six prior criminal cases, three of which were of a similar nature. After hearing both sides, the Court found the procedural lapse in the seizure and the lack of direct evidence against the petitioner sufficient to grant bail. The Court ordered the petitioner to be released on a bail bond of Rs 10,000 with two sureties, subject to a condition that he not commit a similar offence in the future.
Issues considered
- Whether the petitioner is entitled to bail despite alleged involvement in the illicit liquor seizure under Section 30(a) of the Bihar Prohibition and Excise Act.
- Whether the seizure complied with the procedural requirements of Section 105 of the B.N.S.S.
- Whether the petitioner’s prior criminal record warrants denial of bail.
Legislation cited
- B.N.S.S. — s. 105
Subjects
- bail
- illicit liquor
- Bihar Prohibition and Excise Act
- Section 105 compliance
- procedural lapse
- prior criminal record
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16483 of 2026
Arising Out of PS. Case No.-422 Year-2025 Thana- RIVILGANJ District- Saran
======================================================
Raj Kumar Singh @ Raja Singh @ Rajkumar Singh @ Raja @ Raj Kumar,
Son of Late Baban Singh, Resident of Village- Nayka Barka Baiju Tola, P.S.-
Rivilganj, District- Saran at Chapra
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dewendra Narayan Singh, Advocate
For the Opposite Party/s : Mr. Navin Kumar Pandey, 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 bail in connection with
Rivilganj P.S. Case No. 422 of 2025 registered for the offence
punishable under Section 30(a) of Bihar Prohibition and Excise
Act.
3. The case of the prosecution, in short, is that from a
pick-up van, 1616.64 liters of illicit foreign liquor was recovered.
Four persons were standing near the pick-up van. They started
fleeing away seeing the police. It is further alleged that local
chaukidar has identified the petitioner.
4. Learned counsel appearing on behalf of the petitioner
has submitted that petitioner is innocent and has committed no
offence. He has been falsely implicated in this case. Nothing has
Patna High Court CR. MISC. No.16483 of 2026(2) dt.13-03-2026
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been recovered from his possession. He is neither the owner nor
the driver of the vehicle. The witnesses of the seizure list are
police personnel. Police has not complied Section 105 of the
B.N.S.S. while making the seizure. Petitioner is languishing in
judicial custody since 08.02.2026.
5. Learned APP appearing for the State has vehemently
opposed the application for bail and has submitted that petitioner
is having criminal antecedent of six cases. Out of which three are
of similar nature.
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 enlarged on bail on furnishing bail bond
of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the
like amount each to the satisfaction of the learned 2 nd Exclusive
Special Excise Judge, Saran at Chapra in connection with
Rivilganj P.S. Case No. 422 of 2025 with the condition that
petitioner shall not indulge himself in similar of offence in
future.
(Ashok Kumar Pandey, J)
lata/-
U T
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