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Patna High Court

Niraj Kumar SinghversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Anticipatory bail was granted to the petitioner.

Summary

The petitioner, Niraj Kumar Singh, was named in an FIR under Section 30(a) of the Bihar Prohibition and Excise Act, 2016 for alleged illegal manufacture and trade of illicit liquor, with 156 litres of liquor recovered. He contended that his only connection to the case was ownership of an e‑rickshaw seized during the investigation and that no liquor was found in his possession, asserting a clean antecedent. The State opposed his application for anticipatory bail. The court examined the factual matrix and noted the absence of direct possession by the petitioner, deeming the prima facie evidence insufficient to deny bail. Consequently, the court granted anticipatory bail, directing the petitioner to surrender within four weeks and furnish a bail bond of Rs.10,000 with two sureties, subject to conditions under Section 438(2) of the CrPC and Section 482(2) of the BNSS.

Issues considered

  • Whether anticipatory bail should be granted when the accused is not in physical possession of the seized illicit liquor
  • Applicability of Section 438(2) of the CrPC and Section 482(2) of the BNSS in granting bail

Legislation cited

Subjects

  • anticipatory bail
  • illegal liquor
  • Bihar Prohibition and Excise Act
  • Section 30
  • clean antecedent
  • CrPC Section 438

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.41995 of 2026
                    Arising Out of PS. Case No.-584 Year-2025 Thana- EXCISE NAUGACHIA District-
                                                       Bhagalpur
                 ======================================================
                 Niraj Kumar Singh, S/o Awadhesh Prasad Singh, Resident of Village-
                 Gosaigaon, ward no 12, PS- Gopalpur, Distt.- Bhagalpur
                                                                               ... ... Petitioner
                                                  Versus
                 The State of Bihar
                                                                        ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     Mr. Pankaj Kumar, Advocate
                 For the Opposite Party/s :     Mr. Kanhiya Kishor, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER
2   30-06-2026                        Heard learned counsel for the petitioner and

                   learned Additional Public Prosecutor for the State.

                                2. The accused/petitioner is named in the FIR and

                   apprehending his arrest in connection with Naugachia Excise

                   P.S. Case No.584 of 2025 registered under Section 30(a) of

                   the Bihar Prohibition and Excise Act, 2016.

                                3. Allegation against the petitioner is to engage in

                   illegal trade/manufacturing of illicit liquor, where there is

                   recovery of 156 litres of IMFL/country-made liquor.

                                4. It is submitted by learned counsel appearing for

                   the petitioner that the petitioner has been implicated as an

                   accused solely on the ground that he is the registered owner of

                   the E-rickshaw bearing Registration No. BR10ER-7718 alleged

                   to have been seized in connection with the present case. It is
            Patna High Court CR. MISC. No.41995 of 2026(2) dt.30-06-2026
                                                        2/2




                      further submitted that nothing has been recovered from the

                      conscious possession of the petitioner. The petitioner claimed

                      clean antecedent.

                                   5. Learned APP opposed the prayer of anticipatory

                      bail to the petitioner.

                                   6. In view of aforesaid factual submissions and by

                      taking of note of fact as recovery of illicit liquor prima facie not

                      appears to be made from physical possession of this petitioner,

                      accordingly, the petitioner above-named, who is a man of clean

                      antecedent, in the event of his arrest or surrender in the court

                      below within a period of four weeks from today, is directed to

                      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 the learned Additional Sessions

                      Judge-IX, Bhagalpur in connection with Naugachia Excise P.S.

                      Case No.584 of 2025, subject to the conditions as laid down

                      under Section 438(2) of the CrPC/under Section 482(2) of the

                      BNSS.


                                                      (Chandra Shekhar Jha, J.)
    Raushan/-

U       T


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