Patna High Court
Raja @ Raja SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail was granted to the petitioner subject to specified conditions.
Summary
Raja Singh was arrested on 17 March 2026 in connection with an excise case involving the seizure of 146.880 litres of foreign liquor, alleged to violate Sections 30(a), 41(1) and 56(b) of the Bihar Prohibition and Excise Act, 2018. The petitioner claimed he had a clean antecedent, was not the owner of the vehicle from which the liquor was seized, and that the seizure was not from his conscious possession. He also argued that the prosecution had failed to comply with Sections 103 and 105 of the BNSS. The Additional Public Prosecutor opposed bail. The Court, noting the petitioner’s clean record and the procedural lapses, granted bail on a bond of Rs.10,000 with two sureties, subject to conditions of cooperation, presence in court, non‑tampering with evidence, and verification of antecedents. The bail order was made without delay for antecedent verification.
Issues considered
- Whether bail should be granted to the petitioner despite the seriousness of the excise offences.
- Whether non‑compliance of Sections 103 and 105 of the BNSS warrants bail.
- Whether the fact that the seized liquor was not in the petitioner’s conscious possession affects the bail decision.
Legislation cited
- BNSS — s. 103, 105
Subjects
- bail
- excise
- foreign liquor
- Bihar Prohibition and Excise Act
- procedural non‑compliance
- clean antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29525 of 2026
Arising Out of PS. Case No.-1690 Year-2026 Thana- Excise P.S. District- Patna
======================================================
Raja @ Raja Singh S/o Nahne Ram R/o Village - Uchata, P.S. - Sakurabad,
Dist. - Jehanabad.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Alok Kumar Alok, Advocate
For the Opposite Party/s : Mr. Shyam Bihari Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 04-05-2026 Heard Mr. Alok Kumar Alok, learned counsel for
the petitioner and Mr. Shyam Bihari Singh, learned Additional
Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
17.03.2026 in connection with Excise P.S. Case No. 1690 of
2026, F.I.R. dated 16.03.2026 for the offences punishable under
Section 30(a), 41(1) and 56(b) of the Bihar Prohibition and
Excise Act, 2018.
3. Recovery is of 146.880 liters of foreign liquor.
4. Learned counsel for the petitioner submits that
petitioner has clean antecedent 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 conscious possession of the petitioner rather
Patna High Court CR. MISC. No.29525 of 2026(2) dt.04-05-2026
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the recovery has been made from vehicle in question and the
petitioner is not the owner of the vehicle in question. He further
submits that there is non-compliance of Section 103 and 105 of
BNSS and the petitioner is in custody since 17.03.2026.
5. The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts and circumstances,
petitioner has clean antecedent and there is non-compliance of
Section 103 and 105 of BNSS, 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 Excise Court No.3, Patna in
connection with Excise P.S. Case No. 1690 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
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.
Patna High Court CR. MISC. No.29525 of 2026(2) dt.04-05-2026
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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)
Suruchi/-
U T
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