Patna High Court
Gurjant SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court granted bail to the petitioner subject to specified conditions.
Summary
Gurjant Singh was arrested on 23 January 2026 in connection with an excise case involving the seizure of 2,592 litres of Indian-made foreign liquor and two mobile phones. He was charged under Sections 30(a) and 47 of the Bihar Prohibition & Excise Act, 2016. 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 list witnesses were police officers, thereby breaching Sections 103 and 105 of the Bihar Narcotic Substances (BNSS) Act, 2023. The State opposed bail, but the court, noting the alleged procedural lapses and the petitioner's clean record, granted bail on a Rs.10,000 bond with two sureties and imposed several conditions, including family surety, cooperation with trial, and no tampering with evidence. The bail order also directed verification of the petitioner's criminal antecedent without delaying the release.
Issues considered
- Whether the alleged non‑compliance with Sections 103 and 105 of the BNSS, 2023 warrants denial of bail.
- Whether the petitioner's clean antecedent and claim of false implication justify granting bail.
- Whether the seizure of liquor and involvement of police witnesses affect the bail decision.
Subjects
- bail
- excise law
- seizure of liquor
- procedural compliance
- Bihar Prohibition & Excise Act
- BNSS Act
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29620 of 2026
Arising Out of PS. Case No.-131 Year-2026 Thana- Excise P.S. District- Bhagalpur
======================================================
Gurjant Singh S/o Satnam Singh R/o Kulla, P.S.- Kachcha Pakka, District -
Tran Taran, State - Punjab.
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Gaurav Singh, Advocate
For the State : Mr. Arun Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 04-05-2026 Heard Mr. Gaurav Singh, learned counsel for the
petitioner and Mr. Arun Kumar Singh, learned APP for the State.
2. Petitioner seeks bail, who is in custody since
23.01.2026, in connection with Excise Sadar P.S. Case No. 131
of 2026, F.I.R. dated 22.01.2026 registered for the offences
punishable under Sections 30(a) and 47 of the Bihar Prohibition
& Excise Act, 2016.
3. Recovery is of 2592.00 litres of Indian made
foreign liquor.
4. Learned counsel for the petitioner submits that the
petitioner has clean antecedent and he has been falsely
implicated in the present case. He further submits that it
appears from the F.I.R. as well as seizure list that altogether
2592.00 litres of Indian made foreign liquor was recovered and
Patna High Court CR. MISC. No.29620 of 2026(2) dt.04-05-2026
2/3
two mobile phones were also recovered from the vehicle in
question and petitioner is not the owner of the vehicle in
question. He further submits that it appears from the seizure list
that the seizure list witnesses are police personnel so there is
non-compliance of Sections 103 and 105 of BNSS, 2023. He
further submits that the police after investigation submitted
chargesheet against the petitioner and the petitioner is in custody
since 23.01.2026.
5. The learned Additional Public Prosecutor for the
State has vehemently opposed the prayer for bail of the
petitioner.
6. Considering the facts and circumstances of the case
and the fact that the petitioner having clean antecedent and
there is non-compliance of Sections 103 and 105 of the BNSS,
2023, let the petitioner, above named, be released on bail on
furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand)
with two sureties of the like amount each to the satisfaction of
learned Exclusive Special Excise Judge-I, Bhagalpur in
connection with Excise Sadar P.S. Case No. 131 of 2026,
subject to the following conditions :-
(1) One of the bailors should be the family member
of the petitioner.
Patna High Court CR. MISC. No.29620 of 2026(2) dt.04-05-2026
3/3
(2) 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.
(3) If the petitioner tampers with the evidence or the
witness, in that case, the prosecution will be at liberty to move
for cancellation of bail.
(4) 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 antecedents, 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)
Ibrar//-
U T
Checking your session…