Patna High Court
Suresh SinghversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
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
- B.N.S.S. — s. 105
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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