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Patna High Court

Satish Kumar SinghversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                                        3/3




                       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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