Patna High Court
Kalika SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court granted bail to the petitioners.
Summary
The petitioners, Kalika Singh, Pramod Kumar and Gautam Singh, were arrested in connection with an excise case (Sasaram Excise P.S. Case No. 514 of 2025) for alleged contravention of Section 30(a) of the Bihar Prohibition and Excise Act, wherein 98 litres of country‑made liquor was recovered. The petitioners contended that they were falsely implicated, that no incriminating material was found on them, that the liquor was recovered from an open public place, and that they have no prior criminal record. They also argued that the prosecution had not complied with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The State opposed the bail application. Considering the lack of material evidence, the petitioners' clean record, and the period of custody already endured, the Court granted bail, directing each petitioner to furnish a bail bond of Rs.15,000 with two sureties of the same amount.
Issues considered
- Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act in view of the facts of the case
- Whether the non‑compliance of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, warrants bail
Legislation cited
Subjects
- bail
- excise law
- Bihar Prohibition and Excise Act
- Bharatiya Nagarik Suraksha Sanhita
- criminal procedure
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2419 of 2026
Arising Out of PS. Case No.-514 Year-2025 Thana- Excise P.S. District- Rohtas
======================================================
1. Kalika Singh S/O Late Dular Singh Resident of Village- Bhokhdhawa, P.S.
Darigaon, District- Rohtas.
2. Pramod Kumar S/O Sri Binod Singh Resident of Village- Bhokhdhawa, P.S.
Darigaon, District- Rohtas.
3. Gautam Singh S/O Sri Binod Singh Resident of Village- Bhokhdhawa, P.S.
Darigaon, District- Rohtas.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Shashi Kant, Advocate
For the Opposite Party/s : Mrs.Pronoti Singh, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 19-01-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The petitioners seek bail in connection with
Sasaram Excise P.S. Case No. 514 of 2025 (Excise Case No.
867 of 2025) instituted for the offences punishable under
Section 30(a) of the Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that total 98 liters
of country made liquor was recovered from Gallon.
4. Learned counsel for the petitioners submits that the
petitioners are innocent and have falsely been implicated in the
present case. No incriminating material has been recovered from
Patna High Court CR. MISC. No.2419 of 2026(2) dt.19-01-2026
2/2
the conscious possession of the petitioners. The petitioners have
got no concern with the alleged recovery of liquor. Learned
counsel for the petitioner further submitted that the recovery has
been made from open place, which is accessible to public at
large. The petitioners are in custody since 05.12.2025 and have
got no criminal antecedent. There is no compliance of Section
103 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
5. Learned APP for the State has vehemently opposed
the prayer for grant of bail to the petitioners.
6. Considering the aforesaid facts and circumstances
of the case and the period of custody undergone by the
petitioners, this Court is inclined to grant bail to the petitioners.
7. Let the petitioners be released on bail on furnishing
bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) each with
two sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with Sasaram Excise P.S.
Case No. 514 of 2025 (Excise Case No. 867 of 2025).
(Rudra Prakash Mishra, J)
manish/-
U T
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