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Patna High Court

Rajkishore Singh @ Harelal @ HeeralalversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that bail must be granted as no conscious possession was established and the petitioner is entitled to bail, subject to prescribed conditions.

Summary

Petitioner Rajkishore Singh was arrested on 20 March 2026 in connection with a case involving the alleged contravention of Section 30(a) of the Bihar Prohibition & Excise Act, 2022, after a seizure of 590.400 litres of Indian-made foreign liquor from a paddy field. The petitioner claimed he had no conscious possession of the liquor and was falsely implicated based on a local watchman's disclosure. The State opposed bail, noting the petitioner had another pending case. The High Court, after considering that no liquor was recovered from the petitioner’s possession, granted bail on a bond of Rs.10,000 with two sureties, subject to conditions of cooperation, appearance, non‑tampering with evidence, and verification of criminal antecedents. The bail order was directed to be implemented by the Special Excise Court in Samastipur.

Issues considered

  • Whether bail should be granted when the alleged offence under Section 30(a) of the Bihar Prohibition & Excise Act lacks evidence of conscious possession by the accused.
  • Whether the existence of another pending case against the petitioner precludes bail.
  • Whether the conditions imposed on bail are appropriate and lawful.

Legislation cited

Subjects

  • bail
  • prohibition and excise
  • Section 30(a)
  • conscious possession
  • criminal procedure
  • Indian law

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.36620 of 2026
                   Arising Out of PS. Case No.-111 Year-2026 Thana- BIBHUTIPUR District- Samastipur
                 ======================================================
                 Rajkishore Singh @ Harelal @ Heeralal Son of Mahindra Mahto Resident of
                 Village - Singhiya Bujurg, Uttar Sahu Tol, Ward Number 7, P.S.- Bibhutipur,
                 District - Samastipur.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Mritunjay Kumar, Advocate
                 For the Opposite Party/s :       Mr. Madan Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   15-06-2026                    Heard Mr. Mritunjay Kumar, learned counsel for the

                   petitioner and Mr. Madan Kumar, learned APP for the State.

                                2. Petitioner seeks bail, who is in custody since

                   20.03.2026, in connection with Bibhutipur P.S. Case No. 111 of

                   2026, F.I.R. dated 16.03.2026                registered for the offences

                   punishable under Section 30(a) of Bihar Prohibition & Excise

                   Act, 2022 (amended).

                                3. Recovery is of 590.400 litres of                 Indian made

                   foreign liquor.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and he has been falsely implicated in the

                   present case. He further submits that it appears from the F.I.R.

                   as well as seizure list that nothing has been recovered from the
Patna High Court CR. MISC. No.36620 of 2026(2) dt.15-06-2026
                                            2/3




          conscious possession of the petitioner rather recovery has been

          made from the paddy field and altogether 590.400 litres of

          Indian made foreign liquor was recovered and the name of the

          petitioner has been transpired on the basis of disclosure made by

          local choukidar and except the aforesaid, nothing has come

          during investigation to suggest the involvement of the petitioner

          in the present occurrence. He further submits that the police

          after investigation submitted chargesheet against the petitioner

          and the petitioner is in custody since 20.03.2026.

                       5. The learned Additional Public Prosecutor for the

          State has vehemently opposed the prayer for              bail of the

          petitioner and submits that the petitioner carries one more case

          other than the present one.

                       6. Considering the facts and circumstances of the case

          and the fact that nothing has been recovered from the conscious

          possession of the petitioner, let the petitioner, above named, be

          released on bail on furnishing bail bond of Rs. 10,000/- (Rupees

          Ten Thousand) with two sureties of the like amount each to the

          satisfaction of learned Exclusive Special Judge Excise Court-I,

          Samastipur in connection with Bibhutipur P.S. Case No. 111 of

          2026, subject to the following conditions :-

                       (1) Petitioner shall co-operate in the trial and shall be
               Patna High Court CR. MISC. No.36620 of 2026(2) dt.15-06-2026
                                                           3/3




                         properly represented on each and every date fixed by the Court

                         and shall remain physically present as directed by the Court and

                         on his absence on two consecutive dates without sufficient

                         reason, his bail bond shall be cancelled by the Court below.

                                      (2) If the petitioner tampers with the evidence or the

                         witness, in that case, the prosecution will be at liberty to move

                         for cancellation of bail.

                                      (3) And, further condition that the court below 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 below shall take step for

                         cancellation of bail bond 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.



                                                                       (Rajesh Kumar Verma, J)
Ibrar//-

U          T


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