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Patna High Court

Rajeev Kumar Singh (PTC 282)versusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court granted pre‑arrest bail to the petitioner, subject to bond and surety conditions under Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023.

Summary

Petitioner Rajeev Kumar Singh, a police constable with 25 years of service, sought pre‑arrest bail in connection with Barhara P.S. Case No. 137 of 2025, which alleged violation of Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018 for storing illicit wine. The prosecution’s case centered on co‑accused Ram Kumar, a private driver, who allegedly stored the wine in a police‑station vehicle, and the petitioner was implicated only because his answers to interrogation were deemed unsatisfactory. The petitioner argued there was no material linking him to the contraband, no possession of the wine, and he had a clean service record. The State opposed bail, contending that a public servant involved in wine trafficking should not be shown leniency. The court, noting the lack of direct evidence against the petitioner and his fair antecedent, granted 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.

Issues considered

  • Whether the petitioner is entitled to pre‑arrest bail despite the FIR alleging his involvement in illicit wine storage under the Bihar Prohibition and Excise (Amendment) Act, 2018.

Legislation cited

Subjects

  • pre‑arrest bail
  • public servant
  • illicit wine
  • Bihar Prohibition Act
  • Section 30(a)
  • Section 482(2)
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.44060 of 2026
                      Arising Out of PS. Case No.-137 Year-2025 Thana- BARHARA District- Bhojpur
                 ======================================================
                 Rajeev Kumar Singh (PTC 282) S/o Late Chabila Singh Resident of Village-
                 Maiki, Police Station- Garkha, District- Saran Chapra

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Akash Kumar Mishra, Adv.
                 For the Opposite Party/s :       Ms. Indu Kumari Srivastava, 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 Barhara P.S. Case No. 137 of 2025, registered for the

                   offences punishable under Sections 30(a) of the Bihar

                   Prohibition and Excise (Amendment) Act, 2018.

                                3. Based upon the prosecution case, it is alleged that

                   co-accused Ram Kumar, who had been working as a private

                   driver in the police station, have been engaged in storage of

                   illicit wine in a vehicle, which was kept in the premises of

                   police station. When the aforesaid facts came to the knowledge

                   of the senior officials, the petitioner, who was posted there as

                   police constable along with Sub-Inspector were interrogated, but

                   they have not given any satisfactory reply, which led to
Patna High Court CR. MISC. No.44060 of 2026(2) dt.08-07-2026
                                            2/3




          institution of the FIR against the petitioner along with others.

                       4. Learned Advocate for the petitioner referring to the

          FIR contended that only because of the fact that the reply of the

          petitioner has not been found satisfactory, his name has been

          implicated in this case. Moreover, the entire allegation revolves

          around co-accused Ram Kumar, who was engaged as a private

          driver in the police station. There is no material which suggest

          the complicity of the petitioner in the storage of illicit wine nor

          any incriminating material has been recovered from his

          conscious or constructive possession. The petitioner has

          rendered 25 years long service and there had never been any

          complaint and he bears fair antecedent.

                       5. On the other hand, learned Advocate for the State

          opposed the pre-arrest bail application and submits that the

          petitioner being a public servant, involved in trafficking of illicit

          wine and, as such, no lineancy is required.

                       6. Having considered the submissions advanced by

          learned Advocate for the respective parties and taking note of

          the accusation levelled against the petitioner, besides the fact

          that entire allegation is revolving around co-accused Ram

          Kumar, as also the fair antecedent of the petitioner, let the

          petitioner above named be released on bail, in the event of his
            Patna High Court CR. MISC. No.44060 of 2026(2) dt.08-07-2026
                                                        3/3




                      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-I, Bhojpur at Ara in

                      connection with Barhara P.S. Case No. 137 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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