Patna High Court
Raja Singh @ Raj Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The Court granted bail to the petitioner subject to specified conditions.
Summary
Raja Singh was arrested on 9 March 2026 in connection with a case involving the seizure of 89.64 litres of foreign liquor under Section 30(a) of the Bihar Prohibition & Excise Act. The petitioner contended that no liquor was recovered from his personal possession, only from the vehicles, and argued that his implication was based on secret information and that Sections 103 and 105 of the BNSS, 2023 were not complied with. The State highlighted that the petitioner has three other similar cases, two of which are already on bail and one pending. The Court, after considering the lack of direct possession and procedural lapses, granted bail on a bond of Rs.10,000 with two sureties, subject to conditions of cooperation, appearance, and non‑tampering with evidence. The bail order also directed verification of the petitioner’s criminal antecedents and allowed cancellation of bail for violations of the conditions.
Issues considered
- Whether bail should be granted when the seized contraband was not found in the petitioner's conscious possession.
- Whether non‑compliance of Sections 103 and 105 of the BNSS, 2023 warrants bail.
- Whether the petitioner’s other pending cases affect the grant of bail.
Legislation cited
- BNSS, 2023 — s. 103, 105
Subjects
- bail
- foreign liquor seizure
- Bihar Prohibition & Excise Act
- BNSS 2023
- procedural compliance
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24298 of 2026
Arising Out of PS. Case No.-416 Year-2025 Thana- RIVILGANJ District- Saran
======================================================
Raja Singh @ Raj Kumar Singh Son of Late Baban Singh Resident of village
Nayaka Barka Baiju Tola, P.S.- Rivilganj, District - Saran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Hemant Kumar, Advocate
For the Opposite Party/s : Mr. Khurshid Anwar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 15-04-2026 Heard Mr. Hemant Kumar, learned counsel for the
petitioner and Mr. Khurshid Anwar, learned APP for the State.
2. Petitioner seeks bail, who is in custody since
09.03.2026, in connection with Revilganj P.S. Case No. 416 of
2025, F.I.R. dated 21.12.2025 registered for the offences
punishable under Section 30(a) of the Bihar Prohibition & Excise
Act.
3. Recovery is of 89.640 litres of foreign liquor.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and he has been falsely implicated in the
present case. He further submits that it appears from the F.I.R. as
well as seizure list that nothing has been recovered from the
conscious possession of the petitioner rather recovery has been
made from the vehicles in question and altogether 72 litres of
Patna High Court CR. MISC. No.24298 of 2026(2) dt.15-04-2026
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foreign liquor was recovered from the car in question and 17.640
litres of foreign liquor was recovered from the motorcycle in
question. He further submits that the name of the petitioner has
been transpied on the basis of secret information and except the
aforesaid, no other cogent material has come during investigaton
to suggest the involvement of the petitioiner in the present
occurrence and the petitioner is not owner of the vehicle in
question and there is non-compliance of Sections 103 and 105 of
BNSS, 2023 and the petitioner is in custody since 09.03.2026.
5. The learned Additional Public Prosecutor for the
State has vehemently opposed the prayer for bail of the petitioner
and submits that the petitioner carries three more cases of similar
nature other than the present one but fairly submits on the basis of
paragraph-3 of the bail petition that out of three cases, the
petitioner is on bail in two cases and one case is pending for
consideration before the competent court of law.
6. Considering the facts and circumstances of the case
and the fact that nothing has been recovered from the conscious
possession of the petitioner and there is non-compliance of
Sections 103 and 105 of the BNSS, 2023, let the petitioner, above
named, be released on bail on furnishing bail bond of Rs. 10,000/-
(Rupees Ten Thousand) with two sureties of the like amount each
to the satisfaction of learned 02nd Exclusive Special Excise Judge,
Patna High Court CR. MISC. No.24298 of 2026(2) dt.15-04-2026
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Saran at Chapra in connection with Revilganj P.S. Case No. 416 of
2025, subject to the following conditions :-
(1) 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 absence on two consecutive dates without sufficient reason, his
bail bond shall be cancelled by the Court below.
(2) If the petitioner tampers with the evidence or the
witness, in that case, the prosecution will be at liberty to move for
cancellation of bail.
(3) 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
antecedents, 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)
Ibrar//-
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