Patna High Court
Satrudhan Singh @ Petan SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court granted bail to the petitioner.
Summary
The petitioner, Satrudhan Singh, applied for bail in an excise case (PS No. 34 of 2010) alleging possession of 45 litres of liquor recovered from his joint family house. The prosecution alleged violation of Section 47(a) of the Bihar Prohibition and Excise Act, while the petitioner claimed innocence, stating no liquor was found in his personal possession and that the recovery was from a shared residence. The petitioner had been in custody since 26‑11‑2025 and possessed a prior criminal antecedent, but the State failed to comply with Section 103 of the BNSS, 2023. The learned APP opposed bail, but the court considered the clean antecedent, short period of custody, and lack of incriminating material. Consequently, the court granted bail on a bond of Rs.15,000 with two sureties of equal amount.
Issues considered
- Whether bail should be granted to the petitioner under Section 47(a) of the Bihar Prohibition and Excise Act considering the facts of the case, custody period, and prior antecedents.
Legislation cited
- BNSS, 2023 — s. 103
Subjects
- bail
- excise
- Bihar Prohibition and Excise Act
- Section 47(a)
- criminal procedure
- custody
- antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4399 of 2026
Arising Out of PS. Case No.-34 Year-2010 Thana- KUCHAIKOTE District- Gopalganj
======================================================
Satrudhan Singh @ Petan Singh Son of Late Chhatu Singh Resident of
Village - Sasamusa, P.S. - Kuchaikote, District - Gopalganj.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ranjeet Kumar Pandey, Advocate
For the Opposite Party/s : Mr. Rajesh Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 27-01-2026 Heard learned counsel for the petitioner and learned APP
for the State.
2. The petitioner seeks bail in connection with Excise
PS Case No. 34 of 2010 instituted for the offences under
Section/s 47(a) of the Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that 45 liters
liquor was recovered from the house of the petitioner.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
present case. No incriminating material has been recovered from
the conscious possession of the petitioner. The petitioner has got
no concern with the alleged recovery of liquor. It is submitted
that recovery is made from the joint house of the petitioner,
Patna High Court CR. MISC. No.4399 of 2026(2) dt.27-01-2026
2/2
where other family members also reside. The petitioner is in
custody since 26.11.2025 and has got one criminal antecedent/s.
There is no compliance of Section 103 of the BNSS, 2023.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances
of the case, clean antecedent of the petitioner and the period of
custody undergone by the petitioner, this Court is inclined to
grant bail to the petitioner.
7. Let the petitioner be released on bail on furnishing
bail bonds of Rs.15,000/- (Fifteen thousand) with two sureties
of the like amount each to the satisfaction of Court
below/concerned Court in connection with Excise PS Case No.
34 of 2010.
(Rudra Prakash Mishra, J)
Raj Kishore/-
U T
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