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Patna High Court

Rajat Kumar Sinha @ Rajat KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The Court granted bail to the petitioner.

Summary

Rajat Kumar Sinha was arrested in connection with Excise P.S. Case No.1736 of 2026 for alleged possession of illicit foreign liquor, allegedly 8.64 litres recovered from his scooty and, according to the prosecution, 138.24 litres from a pickup vehicle for which he worked as a liner. The petitioner contended that no liquor was found in his personal possession, that the seizure was not conducted in accordance with Section 105 of the Bihar Narcotic Substances Act, and that he had no prior criminal record, having been in judicial custody since 19 March 2026. The State opposed the bail application, arguing the seriousness of the offences under the Bihar Prohibition and Excise Act. After hearing both sides, the Court found merit in the petitioner’s arguments and decided to grant bail. The bail was conditioned on a bond of Rs 10,000 with two sureties of the same amount, to be approved by the Special Excise Judge‑III, Patna.

Issues considered

  • Whether bail can be granted to an accused under Sections 30(a), 41 and 56(b) of the Bihar Prohibition and Excise Act.
  • Whether the seizure of liquor complied with Section 105 of the Bihar Narcotic Substances Act.
  • Whether the petitioner’s role as a liner makes him liable for the seized liquor.
  • Whether the petitioner’s lack of prior criminal antecedents warrants bail.

Legislation cited

Subjects

  • bail
  • excise law
  • illicit liquor
  • seizure procedure
  • Section 105
  • special excise judge
  • criminal antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.31139 of 2026
                       Arising Out of PS. Case No.-1736 Year-2026 Thana- Excise P.S. District- Patna
                 ======================================================
                 Rajat Kumar Sinha @ Rajat Kumar S/o Late Arun Kumar Sinha @ Late Arun
                 Kumar Resident of Mohalla - Ram Krishna Nagar, P.S - Ram Krishna Nagar,
                 District - Patna
                                                                          ... ... Petitioner/s
                                                 Versus
                 The State of Bihar
                                                                   ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr. Sanjeev Kumar, Advocate
                 For the Opposite Party/s :         Mr. Murli Dhar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   13-05-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for bail in connection

                   with Excise P.S. Case No.1736 of 2026 registered for the

                   offence punishable under Sections 30(a), 41 and 56(b) of the

                   Bihar Prohibition and Excise Act.

                                3. The case of the prosecution, in short, is that from

                   the scooty on which the petitioner was riding, altogether 8.640

                   liter of illicit foreign liquor was recovered.

                                4. Learned counsel appearing on behalf of the

                   petitioner has submitted that from a pickup vehicle altogether

                   138.24 liter of liquor was recovered. It is alleged that petitioner

                   was working as a liner for the pick-up vehicle. Learned counsel

                   for the petitioner has further submitted that nothing has been
            Patna High Court CR. MISC. No.31139 of 2026(2) dt.13-05-2026
                                                        2/2




                      recovered from the possession of the petitioner. It has further

                      been submitted that the witnesses of the seizure list are police

                      personnel and police have not complied Section 105 of the

                      BNSS while making seizure. It has further been submitted that

                      the petitioner is having no criminal antecedent and he is in

                      judicial custody since 19.03.2026.

                                   5. The application for bail is opposed by learned APP

                      for the State.

                                   6. Having heard learned counsel for the parties and

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

                      inclined to enlarge the petitioner on bail. The above named

                      petitioner is directed to be enlarged on bail on furnishing bail

                      bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties

                      of the like amount each to the satisfaction of the court of learned

                      Special Excise Judge-III, Patna in connection with Excise P.S.

                      Case No.1736 of 2026.



                                             (Ashok Kumar Pandey, J)
Durgesh/-
Rohit/-

U      T


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