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
- Bihar Prohibition and Excise Act, 2022 — s. 30(a)
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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