Patna High Court
Mahendra SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court granted bail to the petitioner subject to a bond of Rs.10,000 and specified conditions.
Summary
Mahendra Singh was arrested on 4 March 2026 in connection with a case of illicit liquor possession under Section 30(a) of the Bihar Prohibition and Excise Act, 2018, after 16.38 litres of foreign liquor were recovered from a motorcycle. The petitioner argued that the liquor was not in his conscious possession and that procedural requirements under Sections 103 and 105 of the BNSS, 2023 were not complied with. The State opposed bail, noting the petitioner was apprehended at the scene and had another similar case pending, though he was on bail in that matter. The court examined the facts and, despite the objections, ordered the petitioner released on bail upon furnishing a bond of Rs.10,000 with two sureties and several conditions regarding cooperation, appearance, and non‑tampering with evidence. The bail order also directed verification of the petitioner’s criminal antecedents without delaying the release.
Issues considered
- Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act, 2018 given the circumstances of recovery.
- Whether the alleged non‑compliance with Sections 103 and 105 of the BNSS, 2023 bars the grant of bail.
- Whether the existence of a prior similar case affects the bail decision.
Legislation cited
- BNSS, 2023 — s. 103, 105
Subjects
- bail
- illicit liquor
- Section 30(a)
- Bihar Prohibition and Excise Act
- criminal procedure
- excise law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23128 of 2026
Arising Out of PS. Case No.-91 Year-2026 Thana- CHAND District- Kaimur (Bhabua)
======================================================
Mahendra Singh S/O Rajendra Singh Resident of Village - Padhauti, P.S. -
Bhagwanpur, District -Kaimur (Bhabua).
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Rakesh Kumar Mishra, Advocate
For the Opposite Party/s : Mr.Anil Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 08-04-2026 Heard Mr.Rakesh Kumar Mishra, learned counsel for
the petitioner and Mr.Anil Kumar, learned A.P.P. for the State.
2. The petitioner seeks bail, who is in custody since
04.03.2026 in connection with Chand P.S. Case No. 91 of 2026,
F.I.R. dated 03.03.2026 registered for the offence punishable
under Section 30(a) of Bihar Prohibition and Excise Act, 2018.
3. Recovery is of 16.38 liters of illicit liquor.
4. Learned counsel appearing for the petitioner
submits that from a bare perusal of the FIR it appears that
nothing has been recovered from conscious possession of the
petitioner rather the recovery has been made from the
motorcycle in question and altogether 16.38 liters of Indian
made foreign liquor was recovered from the motorcycle in
question and there is non-compliance of Sections 103 and 105
Patna High Court CR. MISC. No.23128 of 2026(2) dt.08-04-2026
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of BNSS, 2023 and the petitioner is in custody since
04.03.2026.
5. Learned APP for the State has opposed the prayer
for bail of the petitioner and submits that the petitioner was
apprehended at the place of occurrence, apart from that, the
petitioner carries one more case of similar nature other than the
present one but he fairly submits that the petitioner is on bail in
the said case, as mentioned in para-3 of the bail petition.
6. Considering the aforesaid fact, let the petitioner,
above named, be released on bail on furnishing bail bond of
Rs.10,000/- (Ten Thousand) with two sureties of the like amount
each to the satisfaction of learned Special Excise Judge-1,
Kaimur at Bhabhua in connection with Chand P.S. Case No. 91
of 2026,with the following conditions:-
(I) Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the Court
and shall remain physically present as directed by the Court and
on his/her absence on two consecutive dates without sufficient
reason, his/her bail bond shall be cancelled by the Court below.
(II) If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to move
for cancellation of bail.
Patna High Court CR. MISC. No.23128 of 2026(2) dt.08-04-2026
3/3
(III) And, further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage, it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Nitesh/-
U T
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