Patna High Court
Rajat Kumar Sinha @ Rajat KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
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
- Bihar Narcotic Substances Act — s. 105
- Bihar Prohibition and Excise Act — s. 30(a), 41, 56(b)
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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