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Patna High Court

Raj Kumar SinghversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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
                                            2/3




          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
                                                        3/3




                       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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