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Patna High Court

Bhawani singhversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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