Patna High Court
Uttam Singh @ Uttam KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court granted bail to the petitioner subject to a cash bond, sureties and specified conditions.
Summary
Uttam Singh was arrested on 26 February 2026 in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act for the alleged possession of 54 litres of country‑made liquor seized from a motorcycle. The petitioner contended that he had no conscious possession of the liquor, that the seizure was made from the vehicle and not from him, and that the police failed to comply with Sections 103 and 105 of the Bihar Narcotic Substances Act. The prosecution opposed bail, citing a prior criminal antecedent. The High Court, after considering the facts and the alleged procedural lapses, granted bail on a bond of Rs. 10,000 with two sureties, subject to conditions of cooperation, appearance, non‑tampering with evidence, and verification of the petitioner’s antecedent. The order directed that the bail bond not be delayed for verification purposes.
Issues considered
- Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act given the circumstances of the case.
- Whether the alleged non‑compliance with Sections 103 and 105 of the Bihar Narcotic Substances Act affects the grant of bail.
- Whether the petitioner’s prior criminal antecedent bars the grant of bail.
Legislation cited
- Bihar Narcotic Substances Act — s. 103, 105
- Bihar Prohibition and Excise Act — s. 30(a)
Subjects
- bail
- prohibition law
- excise
- seizure
- procedural lapse
- criminal antecedent
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32242 of 2026
Arising Out of PS. Case No.-63 Year-2026 Thana- DURGAWATI District- Kaimur (Bhabua)
======================================================
Uttam Singh @ Uttam Kumar S/o- Parmanand Singh Resident of village -
Bheriya, Police Station- Durgawati,District- Kaimur Bhabhua.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rakesh Kumar Mishra, Advocate
For the Opposite Party/s : Mr. Umesh Lal Verma, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 08-05-2026 Heard Mr. Rakesh Kumar Mishra, learned counsel for
the petitioner and Mr. Umesh Lal Verma, learned Additional
Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
26.02.2026 in connection with Durgawati P.S. Case No.
63/2026, F.I.R. dated 26.02.2026 for the offences punishable
under Section 30(a) of the Bihar Prohibition and Excise Act.
3. Recovery is of 54 liters of country made liquor.
4. Learned counsel for the petitioner submits that
petitioner is innocent and he has falsely been implicated in the
present case. He further submits that it appears from the F.I.R.
as well as seizure list that nothing has been recovered from the
conscious possession of the petitioner rather the recovery has
been made from the motorcycle in question. One co-accused,
Patna High Court CR. MISC. No.32242 of 2026(2) dt.08-05-2026
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namely, Rajat Singh was apprehended who disclosed the name
of the petitioner and the co-accused persons in the alleged
occurrence. The seizure list witnesses are police personnel and
there is non-compliance of Sections 103 and 105 of the BNSS.
He further submits that the police after investigation submitted
the charge sheet against the petitioner. The petitioner is in
custody since 26.02.2026.
5. The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner and
submits that petitioner carries one more criminal antecedent
other than the present one.
6. Considering the aforesaid facts and circumstances,
let the petitioner, above named, be released on bail on furnishing
bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of
the like amount each to the satisfaction of the learned Exclusive
Special Judge (Excise-II), Kaimur (Bhabhua) in connection with
Durgawati P.S. Case No. 63/2026, subject to the following
conditions:-
i. 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
Patna High Court CR. MISC. No.32242 of 2026(2) dt.08-05-2026
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reason, his bail bond shall be cancelled by the Court below.
ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iii. 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 antecedent, 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)
atul/-
U T
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