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Patna High Court

Sanju SinghversusThe State of Bihar

Decided
Disposal
BAIL GRANTED
Bench
ANSUL

Holding

Bail is granted as the liquor was not recovered from the petitioner's conscious possession and the prolonged custody warrants release.

Summary

The petitioner, Sanju Singh, was arrested in connection with the alleged transport of 87 litres of country-made liquor on a motorcycle, under Section 30(a) of the Bihar Prohibition and Excise Act, 2022. He contended that the liquor was not in his conscious possession and had been in custody since 22 January 2026. The State opposed the bail application. The Court observed that no incriminating article was recovered from the petitioner's conscious possession and, considering the length of his custody, decided to grant bail. Bail was ordered on a bond of Rs. 10,000 with two sureties of the same amount, subject to the satisfaction of the Exclusive (Excise) Judge-1, Saharsa. The Court clarified that its observations were prima facie and not a determination on the merits of the case.

Issues considered

  • Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act, 2022 when the alleged contraband was not found in his conscious possession.
  • Whether the duration of pre‑trial custody justifies the grant of bail.

Legislation cited

Subjects

  • bail
  • prohibition law
  • excise
  • conscious possession
  • illegal liquor
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.34871 of 2026
                        Arising out of PS. Case No.-162 Year-2025 Thana- Patarghat District- Saharsa
                 ======================================================
                 Sanju Singh Son of Late Taranand Singh @ Tara Nand Prasad Singh Resident
                 of Village- Jamhara, Ward No. 9, P.S.- Patarghat, District- Saharsa.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr. Kaushal Kumar, Adv.
                 For the Opposite Party/s :         Mr. Anita Kumari
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ANSUL
                                       ORAL ORDER

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

                   Additional Public Prosecutor for the State.

                              2. The petitioner seeks bail in Patarghat P.S. Case No.

                   162 of 2025 registered under Section 30(a) of Bihar Prohibition

                   and Excise Act, 2022.

                                3. The allegation is that 87 litres of country made

                   liquor was recovered from the motorcycle and the petitioner was

                   transporting the liquor from one place to another place on the

                   said vehicle.

                                 4. Learned counsel for the petitioner submits that the

                   alleged recovery was not made from the conscious possession of

                   the petitioner. He further submits that the petitioner is in custody

                   since 22.01.2026.

                                5. Learned Additional Public Prosecutor for the State
                Patna High Court CR. MISC. No.34871 of 2026(2) dt.20-05-2026
                                            2/2




           has vehemently opposed the prayer for bail of the petitioner.

                     6. Considering that nothing incriminating article was

           recovered from the conscious possession of the petitioner and

           the petitioner is in custody since 22.01.2026, this Court is

           inclined to grant bail to the petitioners.

                     7. Let the petitioner, above named, 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 the learned Exclusive (Excise)

           Judge-1, Saharsa in connection with Patarghat P.S.

           Case No. 162 of 2025.

                      8. It is made clear that any observation made

           herein is prima facie in nature and limited solely for

           the purpose of            adjudication of             the    present   bail

           application. Such observations shall not be construed

           as an expression on the merits of the case and shall not

           influence the trial or any other proceedings in any

           manner.



                                           (Ansul, J)
Vikash/-

U      T


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