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Patna High Court

Sanjay SinghversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court granted regular bail to both petitioners.

Summary

The petitioners, Sanjay Singh and Rohit Kumar Singh, were arrested in connection with the alleged possession of 299.4 litres of illicit country-made liquor recovered from their house, under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act. They contended that the liquor was seized from a joint house, that they had no possession, and that the seizure violated Section 105 of the B.N.S.S., rendering the charge baseless. Sanjay Singh has one prior criminal antecedent, while Rohit Kumar Singh has none, and both have been in judicial custody since 20 April 2026. The State opposed their request for regular bail. After hearing both sides, the High Court found merit in the petitioners' arguments and ordered that they be released on regular bail, each posting a bond of Rs.10,000 with two sureties.

Issues considered

  • Whether the petitioners are entitled to regular bail for an offence under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act.
  • Whether the seizure of the alleged illicit liquor complied with the procedural requirements of Section 105 of the B.N.S.S.
  • Whether the prior criminal antecedent of one petitioner precludes the grant of bail.

Legislation cited

Subjects

  • bail
  • prohibition law
  • excise
  • illicit liquor
  • seizure
  • Section 30(a)
  • Section 105
  • criminal antecedent
  • judicial custody

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.40171 of 2026
                     Arising Out of PS. Case No.-399 Year-2026 Thana- GOPALGANJ TOWN District-
                                                       Gopalganj
                 ======================================================
           1.     Sanjay Singh Son of Om prakash singh Resident of Village -Bhithbherwa
                  Ward no 9, PS- Gopalganj, District -Gopalganj
           2.    Rohit Kumar Singh Son of Sanjay Singh Resident of Village -Bhithbherwa
                 Ward no 9, PS- Gopalganj, District -Gopalganj

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Pankaj Kumar Dubey, Advocate
                 For the Opposite Party/s :      Ms. Shaheen Begum, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   30-06-2026                   Heard learned counsel for the petitioners and learned

                   APP for the State.

                                2. The petitioners have prayed for regular bail in a

                   case registered for the offence punishable under Section 30(a) of

                   the Bihar Prohibition and Excise (Amendment) Act.

                                3. The case of the prosecution, in short is that from

                   the house of the petitioners, altogether 299.400 liters of illicit

                   country made liquor was recovered.

                                4. Learned counsel for the petitioners submits that the

                   petitioners are innocent and have committed no offence. They

                   have falsely implicated in this case. Learned counsel for the

                   petitioners has submitted that nothing has been recovered from
             Patna High Court CR. MISC. No.40171 of 2026(2) dt.30-06-2026
                                                         2/2




                       the possession of these petitioners. Recovery, if any, has been

                       made from the joint house. It has further been submitted that the

                       witnesses of the seizure list are police personnel. Police has not

                       complied Section 105 of the B.N.S.S. while making the seizure.

                       Petitioner no. 1 is having one criminal antecedent whereas

                       petitioner no. 2 is having no criminal antecedent. They are

                       languishing in judicial custody since 20.04.2026.

                                    5. Learned APP appearing for the State has

                       vehemently opposed the prayer of regular bail.

                                    6. Having heard learned counsel for the parties and

                       considering the facts and circumstances of the case, this court is

                       inclined to enlarge the petitioners on bail. The above named

                       petitioners are directed to be released on bail in connection with

                       Gopalganj Town P.S. Case No. 399 of 2026 on furnishing bail

                       bond of Rs.10,000/- (ten thousand) each with two sureties of the

                       like amount each to the satisfaction of learned Additional

                       District and Sessions Judge-XIII-cum-Exclusive Special Judge,

                       Excise Court-I, Gopalganj.


                                                   (Ashok Kumar Pandey, J)

lata/-
U        T


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