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Patna High Court

Pritam Singh @ Pritam Kumar @ Golu SinghversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The petitioner is entitled to bail and is released upon furnishing the prescribed bond and sureties.

Summary

The petitioner, Pritam Singh, was arrested in connection with Excise P.S. Case No. 281 of 2026 for alleged possession of 200 litres of illicit liquor, charged under Sections 30(a) and 41 of the Bihar Prohibition and Excise Act, 2016. He filed a regular bail petition claiming he was falsely implicated and that the liquor was not recovered from his conscious possession. The State opposed bail, citing the seriousness of the offence. The court noted the absence of an independent witness to the seizure list and that the petitioner had only one prior criminal antecedent. Considering these circumstances, the court ordered his release on bail upon furnishing a bond of Rs. 10,000 with two sureties.

Issues considered

  • Whether the petitioner is entitled to regular bail despite the nature of the excise offence
  • Whether the lack of an independent witness to the seizure list affects the bail decision
  • Whether the petitioner’s prior criminal antecedent precludes the grant of bail

Legislation cited

Subjects

  • bail
  • excise
  • illicit liquor
  • criminal procedure
  • Bihar Prohibition and Excise Act

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.33837 of 2026
                      Arising Out of PS. Case No.-281 Year-2026 Thana- Excise P.S. District- Nawada
                 ======================================================
                 Pritam Singh @ Pritam Kumar @ Golu Singh S/O Shiv Kumar Singh
                 Resident of Parameswar Bigha, Police Station- Rajauli, Distt.- Nawada.

                                                                                     ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Kshem Sharma, Advocate
                 For the Opposite Party/s :        Mr. Renuka Ratnakar, APP 125
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND
                 MALVIYA
                                       ORAL ORDER

2   20-05-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State through virtual mode.

                                2. The petitioner is in custody in connection with

                   Excise P.S Case No. 281 of 2026 registered for the offences

                   punishable under Sections 30(a) & 41 of the Bihar Prohibition

                   and Excise Act, 2016.

                                3. As per prosecution case, total 200 litres of illicit

                   liquor were recovered from the bag.

                                4. Learned counsel for the petitioner submits that

                   petitioner has falsely been implicated in this case. It is further

                   submitted that nothing has been recovered from the conscious

                   possession of the petitioner. It is also submitted that petitioner is

                   in judicial custody since 15.03.2026.
           Patna High Court CR. MISC. No.33837 of 2026(2) dt.20-05-2026
                                                       2/2




                                  5. However, learned APP for the State oppose the

                     prayer for regular bail of the petitioner.

                                  6. On perusal of the FIR and impugned order, it

                     appears that there is no independent witness of the seizure list

                     and petitioner has got only one criminal antecedent as stated in

                     paragraph no. 3 of the bail petition.

                                  7. Considering the aforesaid facts and circumstances

                     of the case and submissions made on behalf of the petitioner, let

                     the above named petitioner be released on bail on furnishing

                     bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of

                     the like amount each to the satisfaction of learned Exclusive

                     Special Court Excise-II, Nawada in connection with Excise P.S

                     Case No. 281 of 2026.



                                          (Ramesh Chand Malviya, J)
Mayank/-

U     T


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