Patna High Court
Harendra SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PARTHA SARTHY
Holding
The petitioner is entitled to regular bail.
Summary
Harendra Singh was arrested in connection with a case registered under sections 30(a) and 30(d) of the Bihar Prohibition and Excise Act, 2016 after 4 litres of country liquor and 80 litres of raw material were seized from a brick‑kiln belonging to Tuntun Chaurasiya. The petitioner contended that he had no involvement with the seized items, was falsely implicated on mere suspicion, and had no prior criminal record, having been in custody since 7 February 2026. The State opposed his bail application. Considering the nature of the allegation, the location of recovery, the petitioner’s clean antecedent and the period of custody, the Court ordered that he be released on regular bail upon furnishing a bond of Rs 10,000 with two sureties of the same amount, subject to the satisfaction of the Exclusive Special Excise Judge‑03, Saran. The order effectively granted the bail application.
Issues considered
- Whether the petitioner is entitled to regular bail despite the allegations under sections 30(a) and 30(d) of the Bihar Prohibition and Excise Act, 2016.
- Whether the circumstances of the case—absence of criminal antecedent and alleged false implication—justify the grant of bail.
Legislation cited
- Bihar Prohibition and Excise Act, 2016 — s. 30(a), 30(d)
Subjects
- bail
- regular bail
- Bihar Prohibition and Excise Act
- false implication
- criminal antecedent
- excise law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18238 of 2026
Arising Out of PS. Case No.-47 Year-2026 Thana- KHAIRA District- Saran
======================================================
Harendra Singh S/o Late Hotilal Singh R/o Village - Koreya, P.S. -Khaira,
District - Saran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Mili Kumari, Advocate
For the Opposite Party/s : Mr. Shyam Bihari Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
2 25-03-2026 1. Heard learned counsel for the parties.
2. The petitioner has preferred this application for
grant of regular bail in connection with Khaira P.S. Case no.47
of 2026 registered under sections 30(a) and 30(d) of the Bihar
Prohibition and Excise Act, 2016.
3. As per the prosecution case, 4 litres of country
liquor and 80 litres of pass (raw material) was recovered from
the brick-kiln of one Tuntun Chaurasiya and the petitioner was
taken into custody.
4. Learned counsel for the petitioner submits that the
petitioner has been falsely implicated in the case. He has no
concern with the seized liquor/article nor with the brick-kiln of
Tuntun Chaurasiya which is the alleged place of recovery. He has
been falsely implicated in the case on the basis of suspicion. He
Patna High Court CR. MISC. No.18238 of 2026(2) dt.25-03-2026
2/2
is in custody since 7.2.2026 and has no criminal antecedent.
5. The application for bail is opposed by learned A.P.P.
for the State.
6. Having heard learned counsel for the parties and
taking into consideration the allegation against the petitioner in
the FIR, the alleged place of recovery being a chawar near the
brick-kiln of Tuntun Chaurasiya together with the petitioner
having remained in custody since 7.2.2026 and not having any
criminal antecedent, the Court directs the petitioner to be
enlarged on bail in connection with Khaira P.S. Case no.47 of
2026 on furnishing bail bond of Rs.10,000/ (Rupees Ten
Thousand) with two sureties of the like amount each to the
satisfaction of the learned Exclusive Special Excise Judge-03,
Saran, Chapra.
(Partha Sarthy, J)
Saurabh/-
U T
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