Patna High Court
Viru SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail was granted to the petitioner subject to a bond and specified conditions.
Summary
Viru Singh was arrested on 6 January 2026 in connection with a case involving the seizure of 45 litres of illicit spirit liquor from a scooty, alleged under Section 30(a) of the Bihar Prohibition and Excise Act. The petitioner contended that the liquor was not recovered from his conscious possession but from the scooty, and that he was merely the owner of the vehicle, while the co‑accused Sanoj Ram, who was apprehended with the liquor, had already been granted bail. The State opposed bail, noting that the petitioner had three other similar cases pending, although he was on bail in those matters. The court examined the lack of direct possession and the fact that the co‑accused had been released, and decided to grant bail to the petitioner. Bail was ordered on a bond of Rs 10,000 with two sureties and several conditions, including cooperation with the trial and non‑tampering with evidence.
Issues considered
- Whether the petitioner, as the owner of the scooty, is liable to be kept in custody for the offence under Section 30(a) of the Bihar Prohibition and Excise Act.
- Whether the existence of other pending cases against the petitioner precludes the grant of bail in the present case.
Subjects
- bail
- prohibition and excise
- illicit liquor
- ownership of vehicle
- criminal antecedent
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17643 of 2026
Arising Out of PS. Case No.-310 Year-2025 Thana- PARSA District- Saran
======================================================
Viru Singh S/o Nagendra Singh R/o vill - Pure Chapra, P.S.- Parsa, Distt.-
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.Syed Mojibur Rahman, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 19-03-2026 Heard Mr.Dewendra Narayan Singh, learned
counsel for the petitioner and Mr.Syed Mojibur Rahman,
learned A.P.P. for the State.
2. The petitioner seeks bail, who is in custody since
06.01.2026 in connection with Parsa P.S. Case No. 310 of 2025,
F.I.R. dated 30.09.2025 registered for the offence punishable
under Section 30(a) of Bihar Prohibition and Excise Act.
3. Recovery is of 45 liters of illicit spirit liquor.
4. Learned counsel appearing for the petitioner
submits that it appears from the FIR as well as the seizure list
that nothing has been recovered from conscious possession of
the petitioner rather the recovery has been made from the
Scooty in question and Sanoj Ram was apprehended alongwith
Scooty as well as the liquor in question and the petitioner has
Patna High Court CR. MISC. No.17643 of 2026(2) dt.19-03-2026
2/3
been made accused in the present case merely on the ground
that the petitioner is owner of the Scooty in question. As per
FIR, allegation against the petitioner is that he was also
alongwith the other co-accused person and petitioner was fled
away from the place of occurrence and co-accused person,
namely, Sanoj Ram, who was apprehended at the place of
occurrence, has been granted bail by a Coordinate Bench of this
Hon’ble Court vide order dated 02.12.2025 passed in Cr. Misc.
No. 82111 of 2025 and the petitioner is in custody since
06.01.2026.
5. Learned APP for the State has opposed the prayer
for bail of the petitioner and submits that the petitioner carries
three more cases other than the present one of similar nature but
fairly submits that the petitioner is on bail in all the cases, as
mentioned in para-3 of the bail petition.
6. Considering the aforesaid fact, let the petitioner,
above named, be released on bail on furnishing bail bond of
Rs.10,000/- (Ten Thousand) with two sureties of the like amount
each to the satisfaction of learned Additional Sessions Judge-
cum-Presiding Officer, Exclusive Special Excise Court No.-3,
Saran at Chapra in connection with Parsa P.S. Case No. 310 of
2025, with the following conditions:-
Patna High Court CR. MISC. No.17643 of 2026(2) dt.19-03-2026
3/3
(I) Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the Court
and shall remain physically present as directed by the Court and
on his/her absence on two consecutive dates without sufficient
reason, his/her bail bond shall be cancelled by the Court below.
(II) If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to move
for cancellation of bail.
(III) And, further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage, it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Nitesh/-
U T
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