Patna High Court
Rajeev Kumar Singh (PTC 282)versusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- HARISH KUMAR
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
- Bharatiya Nagrik Suraksha Sanhita, 2023 — s. 482(2)
- Bihar Prohibition and Excise (Amendment) Act, 2018 — s. 30(a)
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
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.