Patna High Court

Subodh SinghversusThe State of Bihar

Decided: 19 January 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The Court grants bail to the petitioner with specified conditions.

Summary

The petitioner, Subodh Singh, was arrested in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act after 10.75 litres of country-made liquor were recovered from land he owned. He claimed innocence, arguing that the liquor was found in an open area accessible to all and that no incriminating material was found in his possession. The State opposed bail, citing his three prior criminal antecedents and the alleged non‑compliance with Section 103 of the BNSS, 2023. The Court, after considering the facts and the period of custody, decided to grant bail, imposing a bond of Rs.15,000 with two sureties and conditions regarding family surety and regular appearance. The bail order was issued subject to cancellation if the petitioner defaults on two consecutive appearances.

Issues considered

Whether bail should be granted to the accused in a case under Section 30(a) of the Bihar Prohibition and Excise Act.
Whether the non‑compliance with Section 103 of the BNSS, 2023, bars the grant of bail.
Whether the petitioner’s prior criminal antecedents preclude bail.

Legislation cited

BNSS, 2023 — s. 103

Subjects

bail
Bihar Prohibition and Excise Act
Section 30(a)
BNSS 2023
Section 103
criminal antecedents
liquor seizure
court conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.1772 of 2026
                       Arising Out of PS. Case No.-251 Year-2025 Thana- RIVILGANJ District- Saran
                 ======================================================
                 Subodh Singh S/O Amarudi Singh @ Aniraudh Singh R/O Village- Katra
                 Newaji Tola, P.S- Rivilanj (Revelganj), Distt.- Saran.
                                                                               ... ... Petitioner/s
                                                    Versus
                 The State of Bihar
                                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Ajit Kumar Singh, Adv.
                 For the Opposite Party/s :        Ms. Asha Devi, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER
2   19-01-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                           2. The petitioner seeks bail in connection with Revelganj

                   PS Case No. 251 of 2025 instituted for the offences under Section

                   30(a) of the Bihar Prohibition and Excise Act.

                           3. The prosecution case, in short, is that 10.750 liters of

                   country made liquor was recovered from the land belonging to the

                   petitioner.

                           4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has falsely been implicated in the

                   present case. No incriminating material has been recovered from

                   the conscious possession of the petitioner. The petitioner has got

                   no concern with the alleged recovery of liquor. Learned counsel

                   for the petitioner submits that the recovery has been made from

                   an open place which is accessible to one and all and the
           Patna High Court CR. MISC. No.1772 of 2026(2) dt.19-01-2026
                                                       2/2




                     petitioner was implicated in this case as the owner of the said

                     land in question. The petitioner is in custody since 08.08.2025 and

                     has got three criminal antecedents. There is no compliance of

                     Section 103 of the BNSS, 2023.

                             5. Learned A.P.P. for the State has vehemently opposed the

                     prayer for grant of bail to the petitioner.

                             6. Considering the aforesaid facts and circumstances of the

                     case and the period of custody undergone by the petitioner, this

                     Court is inclined to grant bail to the petitioner.

                             7. Let the petitioner be released on bail on furnishing bail

                     bonds of Rs.15,000/- (Fifteen thousand) with two sureties of the

                     like amount each to the satisfaction of Court below/concerned

                     Court in connection with Revelganj PS Case No. 251 of 2025,

                     subject to the following conditions:

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

                     family of the petitioner.

                             (II) The petitioner shall appear on each and every 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 petitioner.

                                           (Rudra Prakash Mishra, J)
Siddharth Soni/-
U      T

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