Patna High Court
Sandip Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted bail to the petitioners, directing them to furnish a bond of Rs.10,000 each with two sureties.
Summary
The petitioners applied for bail in a case registered as Kochas P.S. Case No. 37 of 2026, alleging offences under Sections 30(a), 41 and 47 of the Bihar Prohibition and Excise Act for allegedly possessing illicit foreign liquor. The prosecution alleged that two vehicles were seized, and a Scorpio contained 406.05 litres of illegal liquor. The petitioners contended they were innocent, not present in the seized vehicle, had no criminal antecedent, and had been in judicial custody since 13 February 2026. The State opposed bail. After hearing both sides, the High Court considered the facts, the petitioners' lack of prior record, and their claim of non‑involvement, and ordered that bail be granted on a bond of Rs.10,000 each with two sureties, subject to the satisfaction of the Exclusive Special Excise Court No. II, Sasaram.
Issues considered
- Whether the petitioners are entitled to bail pending trial for offences under Sections 30(a), 41 and 47 of the Bihar Prohibition and Excise Act.
- Whether the circumstances of the case, including the petitioners' claim of innocence, lack of antecedent, and custodial status, justify the grant of bail.
Subjects
- bail
- Bihar Prohibition and Excise Act
- criminal procedure
- illicit liquor
- judicial custody
- sureties
- excise law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17958 of 2026
Arising Out of PS. Case No.-37 Year-2026 Thana- KOCHAS District- Rohtas
======================================================
1. Sandip Kumar Singh, S/o Pawan Singh, R/o Jamuninagar, P.S.- Chandauli,
Distt.-Chandauli (Uttar Pradesh).
2. Ashoke Kumar, S/o Jitendra Yadav, R/o vill - Bera, P.S.- Mohinya, Distt.-
Kaimur
3. Luv Kush Singh, S/o Rajendra Singh, R/o vill - Bera, P.S.- Mohinya, Distt.-
Kaimur
4. Ajay Kumar, S/o Roop Narayan Singh, R/o A.J. Colony, P.S.- Shastrinagar,
Distt.- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Eashita Raj, Advocate
For the Opposite Party/s : Ms.Veena Kumari Jaiswal, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 26-03-2026 Lenard learned counsel for the petitioners and learned
APP for the State.
2. The petitioners have prayed for bail in connection
with Kochas P.S. Case No. 37 of 2026 registered for the offence
punishable under Sections 30(a), 41 and 47 of the Bihar
Prohibition and Excise Act.
3. The case of the prosecution, in short, is that two
vehicles were apprehended and from a Scorpio, 406.05 litres of
illicit foreign liquor was recovered.
4. Learned counsel appearing on behalf of the
Patna High Court CR. MISC. No.17958 of 2026(2) dt.26-03-2026
2/2
petitioners has submitted that petitioners are innocent and have
committed no offence. They have been falsely implicated in this
case. They were in a different car. They are not concerned in any
way with the seized car or illicit liquor. They are having no
criminal antecedent and they are languishing in judicial custody
since 13.02.2026.
5. Learned APP appearing for the State has
vehemently opposed the application for bail.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court is
inclined to enlarge the petitioners on bail. The above named
petitioners are directed to be enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rs. ten thousand only) each with two
sureties of the like amount each to the satisfaction of the learned
Exclusive Special Excise Court No. II, Sasaram in connection
with Kochas P.S. Case No. 37 of 2026.
(Ashok Kumar Pandey, J)
lata/-
U T
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