Patna High Court
Raj Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court granted bail to the petitioner with specified conditions.
Summary
Petitioner Raj Kumar Singh was arrested on 24 February 2026 in connection with an excise case alleging recovery of 7.6 litres of illegal liquor, charged under Section 30(a) of the Bihar Prohibition and Excise Act, 2018. He contended that he had a clean record and that the liquor was planted by police, pointing out non‑compliance with Sections 103 and 105 of the BNSS Act regarding seizure procedures. The Additional Public Prosecutor opposed bail. The High Court, after considering the submissions, granted bail on a bond of Rs.10,000 with two sureties, imposing conditions of cooperation, appearance, non‑tampering with evidence, and verification of antecedents. The order directed that bail should not be delayed for verification purposes. Consequently, the petitioner was released on bail pending trial.
Issues considered
- Whether the petitioner is entitled to bail despite the alleged non‑compliance with seizure provisions under Sections 103 and 105 of the BNSS Act.
- Whether the allegations of police planting of illegal liquor affect the bail decision under Section 30(a) of the Bihar Prohibition and Excise Act, 2018.
Subjects
- bail
- excise
- illegal liquor
- Section 30(a)
- Bihar Prohibition and Excise Act
- seizure procedure
- BNSS Act
- false implication
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25226 of 2026
Arising Out of PS. Case No.-53 Year-2026 Thana- Excise P.S. District- Saran
======================================================
Raj Kumar Singh Son of Anil Singh @ Sanjay Singh Resident of Village-
Siswan, P.S.- Siswan Ghurghat, District- Siwan
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rajiv Ranjan Kumar Pandey, Advocate
For the Opposite Party/s : Ms. Sucheta Yadav, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 16-04-2026 Heard Mr. Rajiv Ranjan Kumar Pandey, learned
counsel for the petitioner and Ms. Sucheta Yadav, learned
Additional Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
24.02.2026 in connection with Sadar Excise P.S. Case No. 53 of
2026, F.I.R. dated 23.02.2026 for the offences punishable under
Section 30(a) of the Bihar Prohibition and Excise Act, 2018.
3. Recovery is of 7.600 liters of illegal liquor.
4. Learned counsel for the petitioner submits that
petitioner has clean antecedent and he has falsely been
implicated in the present case. As per allegation in the FIR
altogether 7.500 liters of illegal liquor of different brands have
been recovered from the possession of the petitioner. He next
submits that infact nothing has been recovered from the
Patna High Court CR. MISC. No.25226 of 2026(2) dt.16-04-2026
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conscious possession of the petitioner and police has planted the
same and shown that the recovery have been made from the
possession of the petitioner. From bare perusal of the seizure list
it appears that seizure list witnesses are police personnel,
therefore there is non-compliance of Section 103 and 105 of
BNSS and the petitioner is in custody since 24.02.2026.
5. The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts and circumstances,
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 the learned Exclusive
Special Excise Court No-3, Saran (Chapra) in connection with
Sadar Excise P.S. Case No. 53 of 2026, subject to 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 absence on two consecutive dates without sufficient
reason, his 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
Patna High Court CR. MISC. No.25226 of 2026(2) dt.16-04-2026
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move for cancellation of bail.
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)
Suruchi/-
U T
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