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Patna High Court

Soulesh Kumar SinghversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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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