Patna High Court
Saulesh Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The court granted bail to the petitioner subject to a bond and sureties.
Summary
Saulesh Kumar Singh, the owner of a vehicle from which 178.125 litres of liquor was recovered, was charged under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act, 2016. The petitioner argued that he was not present at the spot of seizure, had no conscious possession of the liquor, and that his driver, who fled, misused the vehicle without his knowledge. He had been in custody since 29 January 2026 and sought bail, assuring the court of his cooperation and that he would not abscond. The State opposed the bail application. The court, after considering the submissions, ordered the petitioner’s release on bail upon furnishing a bond of Rs.5,000 with two sureties of the same amount, directing compliance with the trial court’s conditions.
Issues considered
- Whether bail should be granted to the accused in an offence under the Bihar Prohibition and Excise Act, 2016 where the alleged contravention involves liquor recovered from a vehicle owned by the accused.
- Whether ownership of the vehicle, without proof of conscious possession, is sufficient ground to deny bail.
Legislation cited
- Bihar Prohibition and Excise Act, 2016 — s. 30(a), 32(3)
Subjects
- bail
- excise law
- vehicle ownership
- liquor seizure
- Bihar Prohibition and Excise Act
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19120 of 2026
Arising Out of PS. Case No.-672 Year-2025 Thana- Excise P.S. District- Gaya
======================================================
Saulesh Kumar Singh Son of Vinay Kumar @ Vinay Singh Resident of
Village- Dulha, P.S.- Rajpur in the district of Chatra (Jharkhand)
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sunil Kumar
For the Opposite Party/s : Mr. Suman Kumari Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 18-04-2026 1. Heard learned counsel for the petitioner and
learned A.P.P. for the State.
2. The petitioner seeks bail in a case registered for the
offence punishable under Sections 30(a), 32(3) of Bihar
Prohibition and Excise Act, 2016.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of two cases under the Excise Act and
allegation is of recovery of 178.125 litres of liquor from a car.
It is next submitted that petitioner was not arrested from the spot
as such nothing was recovered from his conscious possession
and he came to be implicated based on the fact that he is owner
of the seized vehicle. It is next submitted that no prudent person
would use his own vehicle for committing an occurrence and
thus would create evidence against himself and hence would get
Patna High Court CR. MISC. No.19120 of 2026(2) dt.18-04-2026
2/2
implicated. It is also submitted that the petitioner was
completely unaware that his driver would misuse his vehicle in
the manner as alleged who also fled from the spot. It is also
submitted that petitioner is in custody since 29.01.2026 and
charge sheet has been submitted. It is also submitted that if
privilege of bail is granted to the petitioner, the petitioner will
not abscond rather will cooperate in the trial to prove his
innocence.
4. Learned A.P.P. opposes the prayer for bail of the
petitioner.
5. Considering the submissions made by the learned
counsel for the petitioner, the petitioner above-named, is
directed to be released on bail on furnishing bail bonds of
Rs.5000/- (Rupees five thousand) with two sureties of the like
amount each to the satisfaction of the learned trial court where
the case is pending/successor court in connection with Excise
P.S. Case No.672/2025.
(Satyavrat Verma, J)
amit/-
U T
Checking your session…