Patna High Court
Satish Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court granted bail to the petitioner subject to a cash bond, sureties and specific conditions.
Summary
Satish Kumar Singh was arrested on 21 February 2026 in connection with an excise case involving the seizure of 80.79 litres of illicit foreign liquor from a half‑constructed house belonging to him. The petitioner claimed he had no conscious possession of the liquor and argued that the seizure was unlawful because the seizure list witnesses were police officers, violating Sections 103 and 105 of the BNSS, 2023. The prosecution opposed bail, citing the recovery of the liquor from the petitioner’s house and a prior similar criminal antecedent, though the petitioner was already on bail in another matter. The court examined the facts, the alleged procedural lapses, and the petitioner’s claim of innocence, and decided to grant bail on a bond of Rs.10,000 with two sureties, subject to conditions of cooperation, appearance, non‑tampering with evidence, and verification of criminal antecedents. The order directed the Special Judge Excise‑I, Saharsa to accept the bail bond without delay for verification purposes.
Issues considered
- What is the applicability of bail provisions in a case of alleged illegal possession of illicit liquor under the Bihar Prohibition and Excise (Amendment) Act, 2018?
- Whether the seizure of the liquor complied with Sections 103 and 105 of the BNSS, 2023, and if non‑compliance warrants denial of bail.
- Whether the petitioner’s prior criminal antecedent affects the grant of bail.
Legislation cited
- BNSS, 2023 — s. 103, 105
Subjects
- bail
- excise law
- illicit liquor
- seizure procedure
- Section 30
- BNSS
- criminal antecedent
- court conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27770 of 2026
Arising Out of PS. Case No.-80 Year-2026 Thana- Excise P.S. District- Saharsa
======================================================
Satish Kumar Singh S/o- Devnarayan Singh @ Deonarayan Singh R/o - Bara,
Ward No.07, P.S - Gwalpara, District - Madhepura, P/A- Islamiyan Chowk
W.No-16/19 Ps- Sadar Dist- Saharsa
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Dr. Sanjay Kumar Singh, Advocate
For the Opposite Party/s : Ms. Asha Devi, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 27-04-2026 Heard Dr. Sanjay Kumar Singh, learned counsel for
the petitioner and Ms. Asha Devi, learned Additional Public
Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
21.02.2026 in connection with Saharsa Excise P.S. Case No. 80
of 2026, F.I.R. dated 20.02.2026 for the offences punishable
under Section 30(a) and of the Bihar Prohibition and Excise
(Amendment) Act, 2018.
3. Recovery is of 80.790 liters of illicit foreign liquor.
4. Learned counsel for the petitioner submits that
petitioner is innocent and he has falsely been 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
Patna High Court CR. MISC. No.27770 of 2026(2) dt.27-04-2026
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conscious possession of the petitioner rather the recovery of
altogether 80.790 liters of illicit liquor has been made from the
half constructed house of the petitioner which is an open place.
It appears from the seizure list that the seizure list wintesses are
the police personnel, so there is non-compliance of Section
103/105 of the BNSS, 2023. The petitioner is in custody since
21.02.2026.
5 The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner and
submits that the recovery has been made from the house of the
petitioner and apart from that the petitioner carries one criminal
antecedent of similar nature other than the present one but fairly
submits that he is on bail in the pending matter.
6. Considering the aforesaid facts and circumstance,
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 Special
Judge Excise-I, Saharsa in connection with Saharsa Excise P.S.
Case No. 80 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
Patna High Court CR. MISC. No.27770 of 2026(2) dt.27-04-2026
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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
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)
Vanisha/-
U T
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