Patna High Court
Bachchu SinghversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- HARISH KUMAR
Holding
The Court held that bail should be granted to the petitioner, subject to the conditions specified under Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023.
Summary
The petitioner, Bachchu Singh, was implicated in an excise case (Case No. 327 of 2025) for alleged involvement in the illicit wine trade under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2022. Police raided the house of his father, Hari Mohan Singh, recovered 63 litres of illicit wine from an open courtyard behind the petitioner’s house, and identified the petitioner as the individual who fled. The petitioner argued that his name was mentioned only because of his relationship to the co‑accused, that the seizure was made from an open place, that Sections 103 and 105 of the BNSS were not complied with, and that he had a clean antecedent and no material linking him to the offence. The State contended that the recovery indicated the petitioner’s complicity and opposed the bail application. The Court, considering the open‑place recovery, the alleged procedural lapses, and the petitioner’s fair antecedents, granted pre‑arrest bail subject to a bond of Rs 10,000 with two sureties and conditions under Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023. The order directed the petitioner to surrender within four weeks if arrested.
Issues considered
- Whether pre‑arrest bail should be granted to the petitioner in the alleged illicit wine offence under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2022.
- Whether the recovery of contraband from an open courtyard behind the petitioner’s house and alleged non‑compliance with Sections 103 and 105 of the BNSS affect the bail decision.
- Whether the petitioner’s clean antecedent and lack of material evidence justify granting bail.
Legislation cited
- Bharatiya Nagrik Suraksha Sanhita, 2023 — s. 482(2)
- Bihar Narcotic Substances (BNSS) — s. 103, 105
- Bihar Prohibition and Excise Act — s. 76(2)
- Bihar Prohibition and Excise (Amendment) Act, 2022 — s. 30(a)
Subjects
- pre‑arrest bail
- illicit wine
- excise law
- Section 30(a)
- BNSS
- Section 482(2)
- Bihar Prohibition and Excise Act
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.44007 of 2026
Arising Out of PS. Case No.-327 Year-2025 Thana- Excise Thana Hajipur District- Vaishali
======================================================
Bachchu Singh S/o Hari Mohan Singh R/o village- Nagva, P.S- Belsar,
District- Vaishali
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ranjeet Kumar Singh, Adv.
For the Opposite Party/s : Mr. M K Nirala, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
2 08-07-2026 Heard the learned Advocate for the petitioner and the
learned Additional Public Prosecutor for the State.
2. The petitioner apprehends his arrest in connection
with Hajipur Excise P.S. Case No. 327 of 2025, registered for
the offences punishable under Sections 30(a) of the Bihar
Prohibition and Excise Amendment Act, 2022.
3. Acting on a tip off regarding trade of illicit wine,
the police conducted raid in the house of the one Hari Mohan
Singh. However, noticing the police party, one person succeeded
in fleeing away. Subsequently, co-accused Hari Mohan Singh
was apprehended, who disclosed the name of the petitioner as
the person, who fled away. In course of search behind the house
of co-accused Hari Mohan Singh in a courtyard, total 63 liters
illicit wine was recovered.
Patna High Court CR. MISC. No.44007 of 2026(2) dt.08-07-2026
2/3
4. Learned Advocate for the petitioner submitted that
only on account of the petitioner being son of the co-accused
Hari Mohan Singh, his name has been implicated in this case,
without there being any cogent material, suggesting his
complicity in the crime. So far the alleged recovery from a
courtyard situated behind the house of the petitioner is
concerned, that doesn’t belong to the petitioner and it is an open
place, easily accessible to all. The seizure list witnesses are none
else but the police personnels, which also clearly suggest that
the recovery has been made from an open place. Moreover,
there is defiance of Sections 103 and 105 of the BNSS and the
petitioner bears fair antecedent. There is no material, which
attracts the rigors provided under Section 76(2) of the Bihar
Prohibition and Excise Act.
5. On the other hand, learned Advocate for the State
opposed the pre-arrest bail application and submits that the
alleged recovery from the house of the petitioner clearly suggest
his complicity in the crime.
6. Regard being had to the submissions made on
behalf of the parties and considering the fact that the recovery
has been made from an open place behind the house of the
petitioner, coupled with the fair antecedent as well as the non-
Patna High Court CR. MISC. No.44007 of 2026(2) dt.08-07-2026
3/3
compliance of mandatory provisions of Sections 103 and 105 of
the BNSS, let the petitioner above named be released on bail, in
the event of his arrest or surrender before the court below within
a period of four weeks from the date of receipt/production of a
copy of this order, upon furnishing bail bonds of Rs.10,000/-
(ten thousand) with two sureties of the like amount each to the
satisfaction of the learned Exclusive Special Excise Judge -II-
cum- District and Additional Sessions Judge, Hajipur, Vaishali
in connection with Hajipur Excise P.S. Case No. 327 of 2025,
subject to the conditions laid down in Section 482(2) of the
Bharatiya Nagrik Suraksha Sanhita, 2023 with the further
condition that one of the bailors shall be the own/close family
members of the petitioner.
(Harish Kumar, J)
shivank/-
U T
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