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Patna High Court

Ompal SinghversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court ordered the release of the petitioners on bail with a bond of Rs. 10,000 and two sureties, subject to compliance with trial attendance conditions.

Summary

The petitioners, Ompal Singh and Rohit Kumar, who were the driver and cleaner of a truck, were arrested after 1,593 litres of illicit foreign liquor were recovered from the vehicle. They were charged under Section 30(a) of the Bihar Prohibition and Excise Act, 2022 and Sections 317(5) and 3(5) of the Bhartiya Nyaya Sanhita, 2023. The petitioners contended that they were unaware of the contraband and that no prior theft case against the truck had been established before the charge-sheet was filed. The State opposed the bail application. The High Court, after considering the facts, granted bail on a bond of Rs. 10,000 with two sureties, subject to the condition that the petitioners appear at every trial date, failing which the bail may be cancelled.

Issues considered

  • Whether bail should be granted to the driver and cleaner accused under the Bihar Prohibition and Excise Act, 2022 and the Bhartiya Nyaya Sanhita, 2023.
  • Whether the absence of a prior theft case against the container truck affects the validity of the charge-sheet.
  • Whether the petitioners, being first offenders, pose a flight risk or risk of tampering with evidence.

Legislation cited

Subjects

  • bail
  • excise
  • illicit liquor
  • driver
  • cleaner
  • first offender
  • Bihar Prohibition and Excise Act
  • Bhartiya Nyaya Sanhita

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.23219 of 2026
                          Arising Out of PS. Case No.-305 Year-2025 Thana- KOPA District- Saran
                 ======================================================
           1.     Ompal Singh S/O Late Lokesh Singh R/O Village- Muthiyani, P.S- Jarcha,
                  Distt.- Gautam Budh Nagar (U.P.).
           2.    Rohit Kumar S/o Ghanshyam Singh @ Ghan Shyam Singh R/O Village-
                 Muthiyani, P.S- Jarcha, Distt.- Gautam Budh Nagar (U.P.).

                                                                                    ... ... Petitioner/s
                                                        Versus
                 The State of Bihar Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Chetna
                 For the Opposite Party/s :        Mr.Meena Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
                                       ORAL ORDER

3   07-05-2026                  Heard learned counsel for the petitioners and learned

                   A.P.P. for the State.

                                2. The petitioners seek bail in connection with Kopa

                   P.S. Case No. 305 of 2025, District- Saran, dated 10.12.2025

                   registered for the offence under Section 30(a) of Bihar

                   Prohibition and Excise Act, 2022 and Sections 317 (5), 3(5) of

                   the Bhartiya Nyaya Sanhita, 2023.

                                3. As per the allegation, 1593 liters of illicit foreign

                   liquor was recovered from a container truck and the petitioners,

                   being the Driver and the Cleaner were found present in the said

                   container truck.

                                4. Learned counsel for the petitioners has submitted
Patna High Court CR. MISC. No.23219 of 2026(3) dt.07-05-2026
                                            2/3




          that the petitioners are the driver and cleaner of the truck in

          question and they were not aware of the consignment of illicit

          foreign liquor. It has further been submitted that with respect to

          the offence under Section 317 (5) of BNS, it has not been

          ascertained that any case with respect to theft of the container

          truck was previously lodged and, without ascertaining the same,

          the charge-sheet has been filed. It has further been submitted

          that the petitioners are the first offenders and are in custody

          since 11.12.2025.

                       5. Learned A.P.P. for the State vehemently opposed

          the prayer for bail of the petitioner.

                       6. Heard the parties and perused the record.

                       7. Considering the facts and circumstances of the

          case, let the, above named, petitioner 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

          Court of Exclusive Special Excise Court No. 03, Saran

          (Chapra), in connection with Kopa P.S. Case No. 305 of 2025

          dated 10.12.2025.

                       8. It is made clear that petitioners will be represented

          on each and every date fixed in the trial court and upon their

          failure on two consecutive dates without                    reasonable
          Patna High Court CR. MISC. No.23219 of 2026(3) dt.07-05-2026
                                                      3/3




                    explanation, the court below would be at liberty to cancel the

                    bail bonds of the petitioners.



                                               (Praveen Kumar, J)
Pawan/-

U     T


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