Patna High Court
Birendra SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RITESH KUMAR
Holding
The court held that bail should be granted to the petitioner subject to a bond, sureties and verification of his criminal antecedents.
Summary
The petitioner, Birendra Singh, was implicated in a case under Section 30(a) of the Bihar Prohibition & Excise Act, 2022 for allegedly selling Nepali liquor. Police seized 4.2 litres of liquor from a tin‑shed shop and, based on a boy’s statement, identified the shop as belonging to the petitioner, although he was not present at the scene. The petitioner pleaded innocence, asserted a clean criminal record, and sought bail. The State opposed the bail application. The court, after reviewing the facts and noting the lack of direct possession and the petitioner’s clean antecedent, ordered bail on a bond of Rs 10,000 with two sureties, subject to verification of antecedents and conditions under Section 438(2) of the CrPC and Section 482(2) of the Bhartiya Nagrik Suraksha Sanhita, 2023.
Issues considered
- Whether the petitioner is entitled to bail under Section 438 CrPC and Section 482(2) of the Bhartiya Nagrik Suraksha Sanhita, 2023 despite the seizure of liquor allegedly linked to him.
- Whether the evidence of possession and the boy’s statement are sufficient to deny bail.
Legislation cited
- Bhartiya Nagrik Suraksha Sanhita, 2023 — s. 482(2)
- Bihar Prohibition & Excise Act, 2022 — s. 30(a)
- Code of Criminal Procedure — s. 438(2)
Subjects
- bail
- prohibition act
- excise
- Nepali liquor
- criminal antecedent
- Section 30
- Section 438
- Section 482
- Bihar
- High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34055 of 2026
Arising Out of PS. Case No.-20 Year-2026 Thana- BATHNAHA District- Sitamarhi
======================================================
Birendra Singh Son of Late Nandlal Singh Resident of village - Thothraha
Ward No.- 12, P.S.- Bathnaha and Dist.- Sitamarhi
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sanjay Kumar, Advocate
For the Opposite Party/s : Ms.Sucheta Yadav, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RITESH KUMAR
ORAL ORDER
2 18-05-2026 Heard the learned counsel for the petitioner and the
learned A.P.P. for the State.
2. The petitioner apprehends his arrest in connection
with Bathnaha P.S. Case No. 20 of 2026 registered for the
offence punishable under Section 30(a) of the Bihar Prohibition
& Excise Act, 2022.
3. As per the prosecution story which has been lodged
on the basis of the written report submitted by the informant to
the effect that on 12.01.2026 while he along with police
personnel was on a patrolling duty at about 15.40 hours, he
received secret information that the petitioner is engaged in
business of selling Nepali Liquor in a Tin shed shop. After
giving information to the Senior police officials, the informant
reached at the place of occurrence at around 15:45 hours. Upon
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seeing the police personnel, one person started fleeing. The
police tried to apprehend the said person, but he succeeded in
fleeing away. It has further been alleged that one boy, upon
enquiry said that the shop belongs to his father and he disclosed
the name of his father as the petitioner. Upon search, a red-
yellow colour bag was found, from which total 4.200 litres of
Nepali liquor was found, for which seizure list was also
prepared.
4. The learned counsel for the petitioner submits that
the petitioner is innocent and nothing has been recovered from
his possession. He was not present at the place of occurrence.
The recovery has been made from a shop alleged to be
belonging to the petitioner. However, the petitioner has got no
concern with the alleged shop or with the seized liquor. He
further submits that the petitioner has got clean antecedent.
5. The learned A.P.P. for the State opposes the prayer
for bail of the petitioner.
6. Having heard the learned counsel for the parties
and after going through the records, it appears that 4.200 litres
of Nepali liquor was recovered from a bag from a Tin shed
shop, however petitioner was not present at the place of
occurrence. His name has been taken by a boy, whom the police
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alleges to be the son of the petitioner. The petitioner has got
clean antecedent. Considering the same, let the above named
petitioner, in the event of arrest/surrender within a period of six
weeks, be enlarged on bail on furnishing bail-bond of Rs.
10,000/- (Ten Thousand) with two sureties of the like amount
each to the satisfaction of learned Exclusive Special Judge-I,
Sitamarhi in connection with Bathnaha P.S. Case No. 20 of
2026, subject to conditions as laid down under Section 438(2) of
the Code of Criminal Procedure/ 482(2) of the Bhartiya Nagrik
Suraksha Sanhita, 2023 with further condition:
(i) The trial court shall verify the criminal antecedent
of the petitioner and in case at any stage it is found that the
petitioner has concealed his criminal antecedents, the court
concerned shall take step for cancellation of bail bonds 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.
(Ritesh Kumar, J)
vinita/-
U T
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