Patna High Court
Raj Kumar @ Raj Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court held that the petitioner is entitled to regular bail notwithstanding the alleged offences and procedural lapses.
Summary
Petitioner Raj Kumar Singh was arrested in connection with the seizure of 24 litres of spirit from his house and 35.25 litres of country-made liquor from his orchard, alleged offences under sections 30(a), 33 and 36 of the Bihar Prohibition and Excise Act. He applied for regular bail, claiming innocence and alleging that the seizure list was prepared without complying with Section 105 of the BNSS, and that no independent witnesses were recorded. The State opposed bail, citing two prior similar offences. After hearing both sides, the court found that the procedural lapse and the petitioner’s custody since 16‑01‑2026 warranted relief and ordered his release on bail with a bond of Rs.10,000 and two sureties, subject to a condition that he not commit similar offences. The bail was granted by the Exclusive Special Judge Excise‑I, Samastipur.
Issues considered
- Whether the petitioner is entitled to regular bail under the Bihar Prohibition and Excise Act despite the alleged offences.
- Whether non‑compliance with Section 105 of the BNSS in preparing the seizure list affects the grant of bail.
- Whether the petitioner’s prior criminal antecedents preclude the grant of bail.
Legislation cited
- Bihar Narcotic Substances Act — s. 105
Subjects
- regular bail
- Bihar Prohibition and Excise Act
- seizure procedure
- Section 105 BNSS
- prior criminal antecedent
- excise law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19744 of 2026
Arising Out of PS. Case No.-186 Year-2025 Thana- MUSRIGHRARI District- Samastipur
======================================================
Raj Kumar @ Raj Kumar Singh Son of Umesh Prasad Singh @ Umesh Singh
Resident of Village - Fatehpurwala, P.S.- Musrigharari, District - Samastipur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dilip Kumar Roy, Advocate
For the Opposite Party/s : Mrs. Renu Kumari, 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 regular bail in a case
registered for the offence punishable under sections 30(a), 33
and 36 of the Bihar Prohibition and Excise Act.
3. The case of the prosecution is that from the house
of the petitioner, altogether 24 liters of spirit was recovered and
from his orchard , altogether 35.25 liters of country made liquor
was recovered.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. Learned
counsel for the petitioner has submitted that nothing has been
recovered from the possession of the petitioner. He has been
falsely implicated in this case. There is no independent witness
Patna High Court CR. MISC. No.19744 of 2026(2) dt.25-03-2026
2/2
of the seizure list rather they are police personnel. Police has not
followed Section 105 of BNSS while preparing seizure list.
Moreover, the petitioner is languishing in judicial custody since
16.01.2026.
5. Learned APP appearing for the State has
vehemently opposed the prayer of regular bail and submitted
that petitioner is having criminal antecedent of two cases of
similar nature.
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 released on bail in connection with
Musrigharari P.S. Case No. 186 of 2025 on furnishing bail bond
of Rs.10,000/- (ten thousand) with two sureties of the like
amount each to the satisfaction of learned Exclusive Special
Judge Excise-I, Samastipur with a condition that the
petitioner will not indulge in similar nature of offences in
future.
(Ashok Kumar Pandey, J)
shubham/-
U T
Checking your session…