Patna High Court
Rajkishore Singh @ Harelal @ HeeralalversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
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
- Bihar Prohibition & Excise Act, 2022 — s. 30(a)
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
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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
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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//-
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