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Patna High Court

Mahendra SinghversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
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                                      (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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