Patna High Court
Indrajeet SinghversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
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
- Bihar Prohibition and Excise Act — s. 30(a)
- BNSS — s. 105
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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