Patna High Court

Sandesh SinghversusThe State of Bihar

Decided: 8 April 2026
Disposal: ALLOWED
Bench: ASHOK KUMAR PANDEY

Holding

The court granted bail to the petitioner subject to a bond and conditions, finding no sufficient ground to deny bail.

Summary

The petitioner, Sandesh Singh, applied for bail in a case registered under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, where 45 litres of country-made liquor were recovered from a bike he allegedly abandoned. The petitioner contended that no seizure was made from his possession and that the seizure list was prepared by police without complying with Section 105 of the BNSS, also noting that his name appeared only in a chowkidar's statement. The State opposed bail, citing two prior similar offences. After hearing both sides, the court decided to grant bail on the condition that the petitioner not commit similar offences in the future, requiring a bail bond of Rs.10,000 with two sureties of the same amount. The bail was ordered to be furnished to the District & Additional Sessions Judge‑IV‑cum‑Exclusive Special Excise Court‑II, Gopalganj.

Issues considered

Whether the petitioner is entitled to bail under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act.
Whether the seizure was lawfully conducted in compliance with Section 105 of the BNSS.
Impact of the petitioner’s prior criminal antecedents on the bail application.

Legislation cited

Bihar Narcotic Substances (BNSS) Act — s. 105

Subjects

bail
prohibition law
excise
seizure
criminal antecedent
Bihar

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.23108 of 2026
                     Arising Out of PS. Case No.-285 Year-2025 Thana- GOPALPUR District- Gopalganj
                 ======================================================
                 Sandesh Singh Son of Ashok Singh R/o- Sangwadih-Gaddi Tola, P.S.-
                 Gopalpur, District - Gopalganj, Bihar.    ... ... Petitioner/s
                                                    Versus
                 The State of Bihar                            ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Sunil Kumar Singh, Advocate
                 For the Opposite Party/s :       Mr. Shyam Bihari Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   08-04-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for bail in connection with

                   Gopalpur P.S. Case No.285 of 2025 registered for the offence

                   punishable under Section 30(a) of the Bihar Prohibition and

                   Excise (Amendment) Act.

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

                   bike altogether 45 liters of country made liquor was recovered.

                   The case of the prosecution is that one man was going on a bike

                   and seeing the police he fled away leaving the bike and the

                   recovery has been made from the bike.

                                4. Learned counsel appearing on behalf of the petitioner

                   has submitted that no recovery has been made from the possession

                   of this petitioner. Learned counsel for the petitioner has further

                   submitted that the witnesses of the seizure list are police personnel

                   and police has not complied Section 105 of the BNSS while
            Patna High Court CR. MISC. No.23108 of 2026(2) dt.08-04-2026
                                                        2/2




                      making seizure. It has further been submitted that the name of this

                      petitioner has surfaced in the statement of local chowkidar.

                      Learned counsel for the petitioner has submitted that the petitioner

                      is in judicial custody since 13.12.2025.

                                   5. The application for bail is opposed by learned APP

                      for the State. Learned APP has submitted that the 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 with the condition that

                      the petitioner shall not indulge in similar nature of offences in

                      future. The above named petitioner is directed to be enlarged on

                      bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand

                      only) with two sureties of the like amount each to the satisfaction

                      of the court of learned District & Additional Sessions Judge-IV-

                      cum-Exclusive Special Excise Court-II, Gopalganj in connection

                      with Gopalpur P.S. Case No.285 of 2025.



                                            (Ashok Kumar Pandey, J)
durgesh/-

U      T

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