Patna High Court
Sudhakar Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted bail to the petitioner.
Summary
The petitioner, Sudhakar Kumar Singh, applied for bail in a case registered under Section 30(a) of the Bihar Prohibition and Excise Act for the alleged possession of 225 litres of Nepali liquor seized from an I‑20 car. He contended that he was merely a passenger, not the owner or driver, and that no liquor was found in his possession. He also argued that the police failed to comply with Section 105 of the B.N.S.S. during the seizure and highlighted his clean record and continued judicial custody since 1 February 2026. The State opposed the bail application. After hearing both sides, the Court found merit in the petitioner's arguments and ordered his release on bail upon furnishing a bond of Rs.10,000 with two sureties of equal amount.
Issues considered
- Whether bail should be granted to the petitioner under Section 30(a) of the Bihar Prohibition and Excise Act considering the facts of the seizure and alleged involvement.
- Whether the alleged non‑compliance with Section 105 of the B.N.S.S. by the police affects the bail decision.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
- B.N.S.S. — s. 105
Subjects
- bail
- excise
- prohibition
- liquor seizure
- Section 30(a)
- procedural compliance
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19699 of 2026
Arising Out of PS. Case No.-54 Year-2026 Thana- Excise P.S. District- Madhubani
======================================================
Sudhakar Kumar Singh, S/o Ramkalevar Singh, R/o village - Narar, P.s-
Kaluahi , District - Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ravi Prakash, Advocate
For the Opposite Party/s : Mr. Umanath Mishra, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 25-03-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection
with Sadar Excise P.S. Case No.54 of 2026 registered for the
offence punishable under Section 30(a) of Bihar Prohibition and
Excise Act.
3. The case of the prosecution, in short, is that from an
I-20 car, altogether 225 liters of Nepali country made liquor was
recovered.
4. Learned counsel appearing on behalf of the
petitioner has submitted that petitioner is innocent and has
committed no offence. He has been falsely implicated in this
case. He is neither the owner nor the driver of the said car. He
was just a passenger in that car. He has no concern with the
Patna High Court CR. MISC. No.19699 of 2026(2) dt.25-03-2026
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alleged liquor. Nothing has been recovered from his possession.
The seizure list witnesses are police personnel. Police has not
complied Section 105 of the B.N.S.S. while making the seizure.
He is having no criminal antecedent and he is languishing in
judicial custody since 01.02.2026.
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 petitioner on bail. The above named
petitioner is directed to be enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties
of the like amount each to the satisfaction of the learned
Exclusive Special Judge, Excise, Madhubani in connection with
Sadar Excise P.S. Case No. 54 of 2026.
(Ashok Kumar Pandey, J)
lata/-
U T
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