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Patna High Court

Ranjeet SinghversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted regular bail to the petitioner.

Summary

Ranjeet Singh was arrested in connection with a case alleging recovery of 25.4 litres of illicit liquor from a motorcycle without a number plate, under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2022. The petitioner claimed he had no possession of the liquor and that there was no independent witness to the seizure. He had been in custody since 24 May 2026 and sought regular bail. The State opposed the bail, but the court examined the FIR, seizure list and the lack of an independent witness. Finding the evidence insufficient to justify continued detention, the court granted regular bail on a bond of Rs.10,000 with two sureties.

Issues considered

  • Whether regular bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2022 in view of the alleged lack of possession and absence of an independent witness to the seizure.

Legislation cited

Subjects

  • bail
  • prohibition law
  • excise
  • illicit liquor
  • criminal procedure
  • Bihar
  • Section 30(a)
  • seizure
  • independent witness

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.44417 of 2026
                        Arising Out of PS. Case No.-173 Year-2026 Thana- RAJPUR District- Buxar
                 ======================================================
                 Ranjeet Singh, aged about 28 years, Gender-Male, Son of Late Kanhaiya
                 Singh, Resident of Village- Pratap Sagar, P.S.- Naya Bhojpur, District- Buxar.
                                                                                   ... ... Petitioner/s
                                                        Versus
                 The State of Bihar
                                                                             ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Ashutosh Kumar, Advocate
                 For the Opposite Party/s :       Mr. Umanath Mishra, APP
              ======================================================
             CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA
                                    ORAL ORDER

2   08-07-2026                   Heard learned counsel for the petitioner and learned

                   APP for the State.

                                 2. The petitioner seeks bail in connection with Rajpur

                   P.S. Case No. 173 of 2026 instituted for the offences punishable

                   under Section 30(a) of the Bihar Prohibition and Excise

                   Amendment Act, 2022.

                                 3. As per allegation in the FIR, total 25.4 litres illicit

                   liquor has been recovered from the splendor motorcycle without

                   number plate.

                                 4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has committed no offence and has

                   falsely been implicated in this case. He submits that nothing has

                   been recovered from the conscious possession of the petitioner.
Patna High Court CR. MISC. No.44417 of 2026(2) dt.08-07-2026
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          He further submits that there is no independent witness of the

          seizure list. Petitioner is in custody since 24.05.2026.

                       5. Learned APP for the State opposes the prayer for

          regular bail of the petitioner.

                       6. From perusal of the FIR, seizure list and impugned

          order of the learned Special Judge Excise Court No. 1, Buxar

          dated 06.06.2026, it appears that petitioner is named in the FIR.

          From perusal of the records, it appears that on the basis of

          written report of the informant, FIR has been registered under

          Section 30(a) of the Bihar Prohibition and Excise Amendment

          Act, 2022 against the above named petitioner and the allegation

          is recovery of 25.4 litres of illicit liquor from a motorcycle

          without number plate. Petitioner is in custody since 24.05.2026

          and there is no any independent witness of the seizure list, so

          considering all these aspects of the case and submission of

          learned counsel for the petitioner, I am inclined to grant regular

          bail to the above named petitioner.

                       7. Accordingly the prayer for regular bail of the

          petitioner is allowed.          Let     the petitioner above named be

          released on regular bail on 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 Court No.
            Patna High Court CR. MISC. No.44417 of 2026(2) dt.08-07-2026
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                      01, Buxar in connection with Rajpur P.S. Case No. 173 of 2026.


                                                                (Ramesh Chand Malviya, J)

Anand Kr.

U


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