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Patna High Court

Saulesh Kumar SinghversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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


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