Patna High Court
Soulesh Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted bail to the petitioner, subject to a bond and sureties, on the condition that he does not commit similar offences in the future.
Summary
The petitioner, Soulesh Kumar Singh, sought bail in a case (PS Case No. 383 of 2025) for alleged contravention of Section 30(a) of the Bihar Prohibition and Excise Act, wherein 157.125 litres of illicit foreign liquor were seized from a bolero. The petitioner claimed innocence, asserting that the vehicle belonged to him, no liquor was found in his possession, and the police failed to comply with Section 105 of the BNSS during seizure. The State opposed bail, highlighting three prior similar offences. After hearing both sides, the Court considered the procedural lapse and the petitioner’s custody since 26‑03‑2026, and granted bail with conditions, requiring a bond of Rs.10,000 and two sureties. The bail order was directed to the Exclusive Special Excise Court‑IV, Gaya.
Issues considered
- What is the appropriateness of granting bail to the petitioner under Section 30(a) of the Bihar Prohibition and Excise Act?
- Did the police comply with Section 105 of the BNSS while effecting the seizure, and does non‑compliance affect bail eligibility?
- Do the petitioner’s prior criminal antecedents preclude the grant of bail?
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
- BNSS — s. 105
Subjects
- bail
- prohibition law
- excise
- seizure procedure
- Section 30(a)
- Section 105
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31663 of 2026
Arising Out of PS. Case No.-383 Year-2025 Thana- MAGADH MEDICAL COLLEGE
District- Gaya
======================================================
Soulesh Kumar Singh Son of Vinay Singh Resident of Village- Dulha, P.S.-
Rajpur and District- Chatra (Jharkhand)
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Nilendu Kumar Choudhary, Advocate.
For the Opposite Party/s : Mr. Navin Kumar Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 14-05-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection
with Magadh Medical College P.S. Case No. 383 of 2025
registered for the offence punishable under Section 30(a) of the
Bihar Prohibition and Excise Act.
3. The case of the prosecution, in short, is that from a
bolero, altogether 157.125 liters of illicit foreign liquor was
recovered.
4. Learned counsel appearing on behalf of the
petitioner has submitted that petitioner is innocent and has
committed no offence. He has been falsely implicated in this
case. He also submits that the petitioner is owner of the said
bolero and nobody was apprehended with the bolero. He further
Patna High Court CR. MISC. No.31663 of 2026(2) dt.14-05-2026
2/2
submits that nothing has been recovered from the possession of
the petitioner. The witnesses of the seizure list are police
personnel and the police has not complied with Section 105 of
the BNSS while making the seizure. Moreover, the petitioner is
languishing in judicial custody since 26.03.2026.
5. The application for bail is opposed by learned APP
for the State and submits that the petitioner has criminal
antecedent of three cases of similar nature.
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 with the condition
that the petitioner shall not indulge himself in similar nature
of the offences in future. 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 learned Exclusive Special
Excise, Court-IV, Gaya in connection with Magadh Medical
College P.S. Case No. 383 of 2025.
(Ashok Kumar Pandey, J)
Sudhanshu/-
Raushan/-
U T
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