Patna High Court
Keshawar SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PARTHA SARTHY
Holding
The court granted regular bail to the petitioner, subject to a bond and conditions, as no incriminating article was found against him and he has no antecedent under the Act.
Summary
The petitioner, Keshawar Singh, applied for regular bail in a case under section 30(a) of the Bihar Prohibition and Excise Act, 2016, where 60 litres of country liquor were seized from his tractor during a raid, though the driver escaped. The prosecution alleged possession of illicit liquor, but no incriminating article was recovered from the petitioner’s possession or vehicle, and he has no prior record under the Act. The petitioner argued he was falsely implicated merely as the registered owner of the vehicle. The court, after hearing both sides, noted the absence of any seized contraband linked to the petitioner and his clean antecedent, and therefore ordered his release on bail. Bail was conditioned on a bond of Rs.10,000 with two sureties and a provision for cancellation if a criminal antecedent under the Act later emerges.
Issues considered
- Whether the petitioner is entitled to regular bail under section 30(a) of the Bihar Prohibition and Excise Act, 2016 given the facts of the case.
Legislation cited
- Bihar Prohibition and Excise Act, 2016 — s. 30(a)
Subjects
- bail
- Bihar Prohibition and Excise Act
- section 30(a)
- seizure of liquor
- false implication
- criminal antecedent
- regular bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29314 of 2026
Arising Out of PS. Case No.-104 Year-2025 Thana- Amhara P.S. (I.I.T.A. Bihta) District-
Patna
======================================================
Keshawar Singh S/o Lt. Keshav Prasad Singh Resident Of Village - Pipra, P.s.
- Udwant Nagar, Dist. - Bhojpur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Arvind Prasad Singh, Advocate
For the Opposite Party/s : Mr. Narsingh Tanti, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
2 07-05-2026 Heard learned counsel for the parties.
2. The petitioner has preferred this application for
grant of regular bail in connection with IIT Amhara P.S. Case
no. 104 of 2025 registered under section 30(a) of the Bihar
Prohibition and Excise Act, 2016.
3. As per the prosecution case, on information having
been received and a raid being conducted, 60 litres of country
liquor was recovered from the tractor in question, however the
driver of the vehicle managed to escape.
4. Learned counsel for the petitioner submits that the
petitioner has been falsely implicated in the case in course of
investigation only for the reason that he happens to be the registered
owner of the seized vehicle. No incriminating article has been
recovered either from his possession or from his vehicle. He is in
Patna High Court CR. MISC. No.29314 of 2026(2) dt.07-05-2026
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custody since 6.3.2026 and has no criminal antecedent.
5. The application for bail is opposed by learned APP
for the State.
6. Having heard learned counsel for the parties and
taking into consideration the allegation in the FIR, no
incriminating article having been recovered from the petitioner’s
possession, the petitioner being in custody since 6.3.2026 and
specially his not having any antecedent under the Bihar
Prohibition and Excise Act, 2016, the Court directs the petitioner
to be enlarged on bail in connection with IIT Amhara P.S. Case no.
104 of 2025 (Special Excise Case no.1506 of 2025) on furnishing
bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of
the like amount each to the satisfaction of the learned Special
Excise Judge, Danapur, Patna on the following condition:
(i) If it subsequently transpires that the petitioner has
a criminal antecedent under the Bihar Prohibition and Excise
Act, 2016, the prosecution will be at liberty to move this Court
for cancellation of bail of the petitioner.
(Partha Sarthy, J)
sauravkrsinha/-
U T
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