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Patna High Court

Raja Singh @ Raj Kumar SinghversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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
                                                           3/3




                         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//-

U          T


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