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Patna High Court

Indrajeet SinghversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The Court granted regular bail to the petitioners.

Summary

The petitioners, a driver and his pillion rider, were arrested in connection with the seizure of 60.48 litres of illicit foreign liquor from a motorcycle registered in the petitioner's father's name. They claimed innocence, asserting that nothing was recovered from them, that there was no independent witness to the seizure list, and that the police failed to comply with Section 105 of the BNSS while preparing the list. They also highlighted their clean criminal record and that they had been in judicial custody since 24 March 2026. The State opposed the grant of regular bail. After considering the facts and procedural irregularities, the Court ordered that both petitioners be released on regular bail upon furnishing a bond of Rs.10,000 each with two sureties, subject to the satisfaction of the Exclusive Excise Special Court No. 2, Buxar.

Issues considered

  • Whether regular bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act in view of the alleged procedural lapses and the facts of the case.

Legislation cited

Subjects

  • regular bail
  • Bihar Prohibition and Excise Act
  • illegal liquor
  • procedural lapse
  • judicial custody
  • Section 105 BNSS

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.28969 of 2026
                      Arising Out of PS. Case No.-87 Year-2026 Thana- BRAHMPUR District- Buxar
                 ======================================================
           1.     Indrajeet Singh S/o- Pawan Singh @ Pawan Kumar Singh R/Village-
                  Gayghat PS-Brahmpur District- Buxar
           2.    Mukesh Rajak S/o- Shivratri Rajak R/Village- Gayghat PS-Brahmpur
                 District- Buxar

                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Satyapal Singh, Advocate
                 For the Opposite Party/s :      Mr. Khurshid Anwar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   06-05-2026                    Heard learned counsel for the petitioners and learned

                   APP for the State.

                                2. The petitioners have prayed for regular bail in a

                   case registered for the offence punishable under section 30(a) of

                   the Bihar Prohibition and Excise Act.

                                3. The case of the prosecution is that from a bike,

                   altogether 60.48 liters illicit foreign liquor was recovered.

                                4. Learned counsel for the petitioners submits that the

                   petitioners are innocent and have committed no offence.

                   Learned counsel for the petitioners has submitted that petitioner

                   no. 1 is the driver and petitioner no. 2 is the pillion rider.

                   Nothing has been recovered from the possession of the
            Patna High Court CR. MISC. No.28969 of 2026(2) dt.06-05-2026
                                                        2/2




                      petitioners. There is no independent witness of the seizure list

                      rather they are police personnel and police has not complied

                      Section 105 of BNSS while preparing the seizure list. A

                      statement has been made in para-3 of this petition that the

                      petitioners have got no criminal antecedent. Learned counsel

                      has further submitted that the said bike is registered in the name

                      of the father of the petitioner no. 1. Moreover, they are

                      languishing in judicial custody since 24.03.2026.

                                   5. Learned APP appearing for the State has

                      vehemently opposed the prayer of regular bail.

                                   6. Having heard learned counsel for the parties and

                      considering the facts and circumstances of the case, this court is

                      inclined to enlarge the petitioners on bail. The above named

                      petitioners are directed to be released on bail in connection with

                      Brahmpur P.S. Case No. 87 of 2026 on furnishing bail bond of

                      Rs.10,000/- (ten thousand) each with two sureties of the like

                      amount each to the satisfaction of learned Exclusive Excise

                      Special Court No. 2, Buxar.



                                            (Ashok Kumar Pandey, J)
Shubham/-

U     T


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