Patna High Court
Leel SinghversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted regular bail to the petitioners.
Summary
The petitioners, a driver and co‑driver of a truck, were arrested after 7,866.72 litres of illicit foreign liquor were seized from the vehicle. They claimed they had no knowledge of the contraband, were not in possession of it, and had no criminal antecedents. The prosecution alleged a violation of section 30(a) of the Bihar Prohibition and Excise Act. The petitioners argued that the seizure list was not prepared in accordance with Section 105 of the BNSS and that they had been in judicial custody since 9 January 2026 without any evidence of guilt. After hearing both sides, the court found the petitioners’ arguments persuasive and ordered their release on regular bail, requiring a bond of Rs 10,000 each with two sureties, subject to the satisfaction of the Exclusive Excise Special Court, Buxar.
Issues considered
- Whether the driver and co‑driver are entitled to regular bail under section 30(a) of the Bihar Prohibition and Excise Act.
- Whether the seizure of the liquor complied with the procedural requirements of Section 105 of the BNSS.
- Whether the absence of possession and lack of criminal antecedent justify granting bail.
Legislation cited
- BNSS — s. 105
Subjects
- regular bail
- Bihar Prohibition and Excise Act
- section 30(a)
- illicit liquor
- seizure procedure
- Section 105 BNSS
- driver
- co‑driver
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23064 of 2026
Arising Out of PS. Case No.-7 Year-2026 Thana- Naya Bhojpur District- Buxar
======================================================
1. Leel Singh S/O Padam Singh Resident of Village- Akora, Ranigaon, P.S.-
Chohtan, District- Barmer, Rajasthan.
2. Junjar Singh S/o Kump Singh Resident of Village- Ramdariya, Akora, P.S.-
Chohtan, District- Barmer, Rajasthan.
... ... Petitioner/s
Versus
The State of Bihar Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Manish Rai Sharma, Advocate
For the Opposite Party/s : Mr. Shyameshwar Dayal, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 08-04-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The petitioners have prayed for regular bail in a
case registered for the offence punishable under section 30(a) of
the Bihar Prohibition and Excise Act.
3. The case of the prosecution is that from a truck,
altogether 7866.72 liters of illicit foreign liquor was recovered.
4. Learned counsel for the petitioners submits that the
petitioners are innocent and have committed no offence.
Learned counsel for the petitioners has submitted that nothing
has been recovered from the possession of the petitioners. The
petitioners are merely a driver and a co-driver of the said truck.
Patna High Court CR. MISC. No.23064 of 2026(2) dt.08-04-2026
2/2
They were unaware of the alleged consignment. A statement has
been made in para-3 of this petition that the petitioners have got
no criminal antecedent. There is no independent witness of the
seizure list rather they are police personnel and police has not
followed Section 105 of BNSS while preparing seizure list.
Moreover, they are languishing in judicial custody since
09.01.2026 having no criminal antecedent.
5. Learned APP appearing for the State has
vehemently opposed the prayer of regular 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 petitioners on bail. The above named
petitioners are directed to be released on bail in connection with
Naya Bhojpur P.S. Case No. 07 of 2026 on furnishing bail bond
of Rs.10,000/- (ten thousand) each with two sureties of the like
amount each to the satisfaction of learned Exclusive Excise
Special Court No. 1, Buxar.
(Ashok Kumar Pandey, J)
shubham/-
U T
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