Patna High Court
Titosh Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
The court granted bail to the petitioner subject to bond and surety conditions.
Summary
The petitioner, Titosh Kumar Singh, was arrested after his vehicle was stopped and 192 litres of illicit beer were recovered, leading to a charge under Section 30(a) of the Bihar Prohibition & Excise Act. He applied for bail, claiming innocence, lack of personal involvement with the liquor, and alleging procedural violations in the search and seizure due to the absence of an independent witness. The State opposed the bail. The court considered the charge sheet, the petitioner’s clean antecedent, and the length of his custody since 23‑04‑2026. Finding no substantive incriminating evidence against him personally, the court ordered his release on bail with a bond of Rs.10,000 and two sureties, subject to conditions under Section 480(3) of the BNSS and additional personal surety requirements. The bail was granted with conditions regarding attendance in court and cancellation upon repeated non‑appearance.
Issues considered
- Whether the petitioner is entitled to bail despite the recovery of illicit liquor from his vehicle
- Whether the alleged violation of statutory provisions for search and seizure affects the bail application
- Whether the petitioner’s clean antecedent and period of custody justify grant of bail
Legislation cited
- Bihar Negotiable Securities Act — s. 480(3)
- Bihar Prohibition & Excise Act — s. 30(a)
Subjects
- bail
- excise
- search and seizure
- clean antecedent
- Bihar Prohibition & Excise Act
- Section 30(a)
- Section 480(3)
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.42140 of 2026
Arising Out of PS. Case No.-145 Year-2026 Thana- RAGHOPUR District- Supaul
======================================================
Titosh Kumar Singh, S/O Late Upendra Singh, Resident of Village- Phanda
@ Kishunpur Phanda Ward no. 12, P.S- Karja, Disrict- Muzaffarpur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Nachiketa Jha, Advocate
For the Opposite Party/s : Mr.Madan Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
2 01-07-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. In the present case, the petitioner seeks bail in
connection with Raghopur P.S. Case No. 145 of 2026, registered
for the alleged offence under Section 30(a) of the Bihar
Prohibition & Excise Act.
3. As per prosecution case, the petitioner was arrested
when he tried to flee away after his vehicle was stopped by the
police party. From search of the vehicle, recovery of 192 liters
of illicit beer was made.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has been falsely implicated in this
case. Nothing incriminating has been recovered from the
person/possession of the petitioner. The petitioner is the driver
Patna High Court CR. MISC. No.42140 of 2026(2) dt.01-07-2026
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of the vehicle and he has no concern with the allegedly
recovered liquor. There is violation of statutory provisions for
search and seizure as no independent witness has been joined.
The petitioner is in custody since 23.04.2026 and is having
clean antecedent. The charge sheet has been submitted.
5. Learned APP for the State opposes the submission
made on behalf of the petitioner.
6. Having regard to the facts and circumstances and
submissions made on behalf of the parties and considering the
submission of charge sheet against the petitioner and further
considering the period of custody of the petitioner and his clean
antecedent, the petitioner above named is directed to be released
on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand)
with two sureties of the like amount each to the satisfaction of
learned Exclusive Special Judge, Excise Court No.2,
Supaul/court concerned in connection with Raghopur P.S. Case
No. 145 of 2026, subject to the conditions mentioned in Section
480(3) of BNSS and the following conditions:
(i) One of the bailors will be a close relative of
the petitioner.
(ii) The petitioner will remain present on each
and every date fixed by the court below.
Patna High Court CR. MISC. No.42140 of 2026(2) dt.01-07-2026
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(iii) In case of absence on three consecutive
dates or in violation of the terms of the bail, the
bail bond of the petitioner will be liable to be
cancelled by the court concerned.
(Arun Kumar Jha, J)
V.K.Pandey/-
U T
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