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Patna High Court

Suresh SinghversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The Court granted regular bail to the petitioner.

Summary

The petitioner, Suresh Singh, was charged under Section 30(a) of the Bihar Prohibition and Excise Act for the alleged seizure of 285 litres of country‑made liquor from the bank of the Gandak River. He contended that he had no possession of the liquor, was falsely implicated, and that the police had not complied with Section 105 of the B.N.S.S. while making the seizure. The petitioner had been in judicial custody since 9 March 2026 and sought regular bail. The State opposed the bail application. After hearing both sides, the Court found the circumstances sufficient to grant regular bail, directing the petitioner to furnish a bail bond of Rs.10,000 with two sureties to the satisfaction of the 2nd Exclusive Special Excise Judge, Saran.

Issues considered

  • Whether the petitioner is entitled to regular bail under Section 30(a) of the Bihar Prohibition and Excise Act given the facts of the case.

Legislation cited

Subjects

  • regular bail
  • Bihar Prohibition and Excise Act
  • Section 30(a)
  • police seizure procedure
  • Section 105
  • excise law
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.23110 of 2026
                        Arising Out of PS. Case No.-76 Year-2026 Thana- PANAPUR District- Saran
                 ======================================================
                 Suresh Singh, S/o Late Ganesh Singh, R/o Village- Khaira Asha, P.O.-
                 Pyarepur, P.S- Baikunthpur, Dist- Gopalganj
                                                                        ... ... Petitioner/s
                                                    Versus
                 The State of Bihar
                                                                 ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Jeetendra Narayan, Advocate
                 For the Opposite Party/s :       Mr. Ajay Kumar Jha, 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 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, in short is that

                   altogether 285 liters of country made liquor was recovered from

                   the bank of Gandak river.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has committed no offence. He has

                   been falsely implicated in this case. Nothing has been recovered

                   from his possession. The recovery has been made from open place.

                   It has further been submitted that the witnesses of the seizure

                   list are police personnel. Police has not complied Section 105 of

                   the B.N.S.S. while making the seizure. Petitioner is having no
             Patna High Court CR. MISC. No.23110 of 2026(2) dt.08-04-2026
                                                         2/2




                       criminal antecedent and he is languishing in judicial custody

                       since 09.03.2026.

                                    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 petitioner on bail. The above named

                       petitioner is directed to be released on bail in connection with

                       Panapur P.S. Case No. 76 of 2026 on furnishing bail bond of

                       Rs.10,000/- (ten thousand) with two sureties of the like amount

                       each to the satisfaction of learned 2nd Exclusive Special Excise

                       Judge, Saran at Chapra.


                                                     (Ashok Kumar Pandey, J)

lata/-
U        T


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