Patna High Court
Bhawani singhversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The court granted bail to the petitioner subject to a bond and sureties.
Summary
The petitioner, Bhawani Singh, applied for bail in a criminal case registered under Section 30(a) of the Bihar Excise Act concerning the alleged recovery of 235.875 litres of liquor from a Tata Indica car. He has nine prior cases, seven of which are under the Excise Act, and has been in custody since 18‑02‑2026. Counsel argued that Singh was not arrested at the spot, no liquor was found in his conscious possession, and he is not the owner of the vehicle, suggesting a mechanical investigation. The State opposed the bail, emphasizing the seriousness of the offence and the petitioner’s criminal history. After considering the submissions and the period of custody, the court ordered his release on bail upon furnishing a bond of Rs.5,000 with two sureties of the same amount.
Issues considered
- Whether bail should be granted to the accused in a case under Section 30(a) of the Bihar Excise Act given his prior criminal record and the circumstances of the alleged offence.
Legislation cited
- Bihar Excise Act — s. 30(a)
Subjects
- bail
- excise law
- Bihar Excise Act
- Section 30(a)
- criminal procedure
- custody
- prior convictions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36010 of 2026
Arising Out of PS. Case No.-307 Year-2025 Thana- DHAKA District- East Champaran
======================================================
Bhawani singh Son of Ambika singh Resident of village- jhauram, Ps- Dhaka,
Dist- East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Abhishek Kumar
For the Opposite Party/s : Mr.Sanjay Kumar Tiwary
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 01-07-2026 1. Heard learned counsel for the petitioner and
learned A.P.P. for the State.
2. The petitioner seeks bail in a case registered for the
offences punishable under Section 30(a) of the Bihar Excise
Act.
3. Learned counsel for the petitioner submits that the
petitioner has antecedent of nine cases out of which seven cases
are under the Excise Act and is in custody since 18-2-2026 and
allegation is of recovery of 235.875 litres of liquor from a Tata
Indica Car.
4. Learned counsel for the petitioner submits that the
petitioner was not arrested from the spot as such nothing was
recovered from his conscious possession and is not the owner of
the seized vehicle and he came to be implicated at the instance
Patna High Court CR. MISC. No.36010 of 2026(2) dt.01-07-2026
2/2
of Chowkidar but then it is submitted that once an accused is
implicated in a case relating to excise, the police starts
implicating mechanically either at the instance of Chowkidar,
local person, confessional statement or secret information
without holding a proper investigation.
5. Learned A.P.P. for the State vehemently opposes
the prayer for bail of the petitioner.
6. Considering the submission made by learned
counsel for the petitioner and taking into consideration the
period of custody, let the petitioner, above named, be released
on bail on furnishing bail bond of Rs. 5,000/- (Rupees Five
Thousand) with two sureties of the like amount each to the
satisfaction of the learned trial court where the case is
pending/successor court in connection with Dhaka P.S. Case No.
307 of 2025.
(Satyavrat Verma, J)
Sumit/-
U T
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