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Patna High Court

HEMANT KUMAR SINGH @ MANOJ SINGHversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted regular bail to the petitioner subject to a bond and sureties.

Summary

Hemant Kumar Singh was arrested in connection with a case under section 30(a) of the Bihar Prohibition and Excise Act, 2016, alleging that three litres of country liquor were recovered from his courtyard after he escaped. The petitioner applied for regular bail, contending that no incriminating article was found in his possession and that the allegations were false. The State opposed the bail, relying on the FIR allegations. The court considered the seriousness of the charge, the fact that the petitioner was not arrested at the spot, and his continued custody since 2 May 2026. It held that bail could be granted subject to a bond of Rs.10,000 with two sureties, to the satisfaction of the Special Judge, Excise‑I, Saharsa. Consequently, the petitioner was ordered to be released on bail.

Issues considered

  • Whether the petitioner is entitled to regular bail under the circumstances of the case
  • Whether the allegations in the FIR justify denial of bail

Legislation cited

Subjects

  • bail
  • excise
  • prohibition
  • regular bail
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.41002 of 2026
                        Arising Out of PS. Case No.-73 Year-2026 Thana- Patarghat District- Saharsa
                 ======================================================
                 HEMANT KUMAR SINGH @ MANOJ SINGH Son of Vinay Kumar Singh
                 Resident of village - Ward No. -05, Vishunpur, P.S.- Patarghat, District-
                 Saharsa.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr. Amarendra Kumar, Advocate
                                                    Ms. Moni Kumari, Advocate
                 For the Opposite Party/s :         Mr. Parmanand Prasad, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
                                       ORAL ORDER

2   01-07-2026                    1. Heard learned counsel for the parties.

                                 2. The petitioner has preferred this application for

                   grant of regular bail in connection with Patarghat P.S. Case

                   no.73 of 2026 registered under section 30(a) of the Bihar

                   Prohibition and Excise Act, 2016.

                                 3. As per the prosecution case, while the petitioner

                   managed to escape, 3 litres of country liquor was recovered

                   from the courtyard of his house.

                                 4. Learned counsel for the petitioner submits that no

                   incriminating article has been recovered either from his

                   possession or from the courtyard of his house as alleged in the

                   FIR. He is in custody since 2.5.2026 and the cause of his false

                   implication are his antecedents. He undertakes to cooperate in
             Patna High Court CR. MISC. No.41002 of 2026(2) dt.01-07-2026
                                                         2/2




                       the investigation/trial.

                                    5. The application for bail is opposed by learned A.P.P

                       for the State.

                                    6. Having heard learned counsel for the parties and

                       taking into consideration the allegations against the petitioner in

                       the FIR, the petitioner not having been arrested at the spot and

                       he having remained in custody since 2.5.2026, the petitioner is

                       directed to be enlarged on bail in connection with Patarghat P.S.

                       Case no.73 of 2026 on furnishing bail bond of Rs.10,000/-

                       (Rupees Ten Thousand) with two sureties of the like amount

                       each to the satisfaction of the learned Exclusive Special Judge,

                       Excise-I, Saharsa.



                                                   (Partha Sarthy, J)
Shiv/-

U        T


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