Patna High Court
Murlidhar SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The Court granted bail to the petitioners subject to specified conditions.
Summary
Petitioners Murlidhar Singh and Raju Kumar were arrested on 17 February 2026 in connection with an excise case involving the recovery of 189 litres of illicit liquor and charged under Sections 30(a), 32(i)(iii) and 41(i)(ii) of the Bihar Prohibition and Excise Act. They contended that the FIR was fabricated, they have no prior criminal record, and that the investigating authorities failed to comply with Sections 103 and 105 of the BNSS, 2023. The State opposed bail. The Court, noting the petitioners' clean antecedent and the procedural lapse, granted bail on a bond of Rs.10,000 each with two sureties, subject to conditions of cooperation, appearance, non‑tampering with evidence, and verification of antecedents. The bail order was directed to be implemented by the Special Judge Excise‑II, Kaimur. The decision effectively released the petitioners pending trial.
Issues considered
- Whether bail should be granted to the accused under the Bihar Prohibition and Excise Act for alleged offences involving illicit liquor.
- Whether non‑compliance with Sections 103/105 of the BNSS, 2023 justifies the grant of bail.
- Whether the petitioners' clean antecedent and claim of a fabricated FIR affect the bail determination.
Legislation cited
- BNSS, 2023 — s. 103, 105
Subjects
- bail
- excise law
- illicit liquor
- Bihar Prohibition and Excise Act
- false FIR
- procedural lapse
- clean antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20941 of 2026
Arising Out of PS. Case No.-89 Year-2026 Thana- Excise P.S. District- Kaimur (Bhabua)
======================================================
1. Murlidhar Singh S/O Ran Bahadur Singh Resident of Village - Sonvarsaha,
P.S- Kagahar,Dist- Rohtas
2. Raju Kumar S/O Mudrika Paswan Resident of Village - Sareya, P.S-
Kagahar,Dist- Rohtas
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Kiran Kumari Sharma, Advocate
For the Opposite Party/s : Mr. Surendra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 30-03-2026 Heard Ms. Kiran Kumari Sharma, learned counsel
for the petitioners and Mr. Surendra Kumar, learned Additional
Public Prosecutor for the State.
2. Petitioners seeks bail who are in custody since
17.02.2026 in connection with Excise P.S. Case No. 89 of 2026,
F.I.R. dated 02.01.2026 for the offences punishable under
Sections 30(a), 32(i) (iii) and 41(i) (ii) of the Bihar Prohibition
and Excise Act.
3. Recovery is of 189 liters of illicit liquor.
4. Learned counsel for the petitioners submits that
petitioners have clean antecedent and they have falsely been
implicated in the present case. The allegation as alleged in the
Patna High Court CR. MISC. No.20941 of 2026(2) dt.30-03-2026
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F.I.R is false and fabricated and the petitioners have not
committed any offence as alleged in the F.I.R. It appears from
the F.I.R that altogether 189 liters of illicit liquor has been
recovered from the vehicle in question. She further submits that
there is non-compliance of Section 103/105 of the BNSS, 2023.
The petitioners are in custody since 17.02.2026.
5. Learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioners.
6. Considering the aforesaid facts and circumstances
that the petitioners have clean antecedent and there is non-
compliance of Section 103/105 of the BNSS, 2023, let the
petitioners, above named, be released on bail on furnishing bail
bond of Rs. 10,000/- (Ten Thousand) each with two sureties of
the like amount each to the satisfaction of the learned Special
Judge Excise-II, Kaimur at Bhabhua in connection with Excise
P.S. Case No. 89 of 2026, subject to the following conditions:-
i. Petitioners shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on their absence on two consecutive dates without sufficient
reason, their bail bond shall be cancelled by the Court below.
ii. If the petitioners tampers with the evidence or the
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witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioners and in case at
any stage it is found that the petitioners have concealed their
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioners. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Vanisha/-
U T
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