Patna High Court
Raja Singh @ Raj Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The court granted regular bail to the petitioner.
Summary
Raja Singh was arrested in connection with alleged recovery of large quantities of liquor from various locations, under Section 30(a) of the Excise Act. He contended that he was not caught in possession, the seized liquor was not on his premises, and he was implicated solely on secret information. The petitioner, represented by Mr. Hemant Kumar, argued that he would not abscond and would cooperate with the trial, seeking regular bail. The State, through Mr. Md. Ataur Rahman, opposed the bail application. The Hon'ble Justice Satyavrat Verma considered the submissions and ordered the petitioner to be released on regular bail upon furnishing a bail bond of Rs.5,000 with two sureties, thereby allowing the bail application.
Issues considered
- Whether bail should be granted to the accused in a case under Section 30(a) of the Excise Act where no liquor was found in his immediate possession.
Legislation cited
- Excise Act — s. 30(a)
Subjects
- bail
- Excise Act
- Section 30(a)
- liquor seizure
- criminal procedure
- presumption of innocence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23016 of 2026
Arising Out of PS. Case No.-419 Year-2025 Thana- RIVILGANJ District- Saran
======================================================
Raja Singh @ Raj Kumar Singh S/O Late Baban Singh R/O village - Nayaka
Barka Baiju Tola, P. S - Revilganj, District - Saran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Hemant Kumar
For the Opposite Party/s : Mr.Md. Ataur Rahman
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 18-04-2026 1. Heard learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks bail in a case registered for the
offences punishable under Section 30(a) of the Excise Act.
3. The learned counsel for the petitioner submits that
the petitioner has antecedent of three cases under the Excise Act
and allegation is of recovery of 202.328 litres of liquor from a
place near house of Santosh Prasad and 37.440 litres of liquor
from an E-rickshaw and 60 litres of liquor from a scooty.
4. The learned counsel for the petitioner submits that
petitioner was not arrested from the spot, as such, nothing was
recovered from his conscious possession and even alleged
recovery is from a place, which does not belong to the petitioner
and petitioner has no concern or relation with Santosh nor is the
Patna High Court CR. MISC. No.23016 of 2026(2) dt.18-04-2026
2/2
owner of any of the seized vehicle and he came to be implicated
based on secret information, which is the easiest way to
implicate someone. It is next submitted that police in majority
of cases implicating innocent persons either at the behest of
Chaukidar, local person, secret information and confessional
statement in a mechanical manner without holding a proper
investigation. It is also submitted that petitioner will not
abscond rather will cooperate in the trial to prove his innocence
and petitioner is in custody since 09.03.2026.
5. Learned A.P.P. opposes the bail application.
6. Considering the submissions made by the learned
counsel for the petitioner, the petitioner, above-named, is
directed to be released on regular bail on his furnishing bail-
bonds in the sum of Rs.5,000/- (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 Rivilganj P. S. Case No.419 of 2025.
7. The application stands allowed.
(Satyavrat Verma, J)
vikash/-
U T
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