Patna High Court

Pritam SinghversusThe State of Bihar

Decided: 7 April 2026
Disposal: ALLOWED
Bench: ASHOK KUMAR PANDEY

Holding

The petitioners are entitled to bail as the seizure was procedurally defective and they lacked knowledge of the illicit liquor.

Summary

The petitioners, Pritam Singh and Arjun Singh, were arrested in connection with the seizure of 276.48 litres of illicit foreign liquor from a vehicle, alleged under Sections 30(a) and 47 of the Bihar Prohibition and Excise Act. They claimed to be merely the driver and co‑driver and asserted that the liquor was hidden in a dicky, unknown to them, and that the seizure did not comply with Section 105 of the BNSS. The State opposed bail, while the petitioners' counsel argued they had no criminal antecedent and were in judicial custody since 19‑02‑2026. After hearing both sides, the Court found merit in the petitioners' claim of lack of knowledge and procedural lapses in the seizure. Consequently, the Court ordered that both petitioners be released on bail upon furnishing a bond of Rs.10,000 each with two sureties, subject to the satisfaction of the Exclusive Special Excise Court‑2, Siwan.

Issues considered

Whether the petitioners are entitled to bail despite the seizure of illicit liquor.
Whether the seizure complied with Section 105 of the BNSS.
Whether the petitioners had knowledge of the contraband.

Subjects

bail
excise
illicit liquor
seizure
Section 105
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.22934 of 2026
                       Arising Out of PS. Case No.-130 Year-2026 Thana- Excise P.S. District- Siwan
                 ======================================================
           1.     Pritam Singh Son of Jiwan Singh Resident of Ishapur, Police Station -
                  Jafarpur, District - New Delhi.
           2.    Arjun Singh @ Arjoo Singh Son of Late Sri Gajraj Singh Resident of
                 Ishapur, Police Station - Jafarpur, District - New Delhi.

                                                                                     ... ... Petitioner/s
                                                         Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Md. Anwar, Advocate
                 For the Opposite Party/s :        Mr. Shaheen Begum, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   07-04-2026                  Heard learned counsel for the petitioners and learned

                   APP for the State.

                                2. The petitioners have prayed for bail in connection

                   with Siwan Sadar (Excise) P.S. Case No. 130 of 2026 registered

                   for the offence punishable under Sections 30(a), 47 of the Bihar

                   Prohibition and Excise Act.

                                3. The case of the prosecution, in short, is that from a

                   car, altogether 276.48 liters of illicit foreign liquor was recovered.

                                4. Learned counsel appearing on behalf of the

                   petitioners has submitted that petitioners are innocent and have

                   committed no offence. They have been falsely implicated in this

                   case. He also submits that the petitioner no. 1 is the driver whereas

                   petitioner no. 2 is co-driver of the said car. The illicit liquors were
           Patna High Court CR. MISC. No.22934 of 2026(2) dt.07-04-2026
                                                       2/2




                     kept in a dicky and petitioners were unaware of the alleged liquor.

                     He further submits that nothing has been recovered from the

                     possession of the petitioner. The witnesses of the seizure list are

                     police personnel and the police has not complied with Section

                     105 of the BNSS while making the seizure. Moreover, a

                     statement has been made in para 3 of the petition that petitioners

                     have no criminal antecedent and they are languishing in judicial

                     custody since 19.02.2026.

                                  5. The application for bail is opposed by learned APP

                     for the State.

                                  6. Having heard learned counsel for the parties and

                     considering the facts and circumstances of the case, this Court is

                     inclined to enlarge the petitioners on bail.         The above named

                     petitioners are directed to be enlarged on bail on furnishing bail

                     bond of Rs. 10,000/- (Rs. ten thousand only) each with two

                     sureties of the like amount each to the satisfaction of the learned

                     Exclusive Special Excise Court-2, Siwan in connection with Siwan

                     Sadar (Excise) P.S. Case No. 130 of 2026.



                                                    (Ashok Kumar Pandey, J)
Sudhanshu/-

U      T

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