Patna High Court
Robin Kumar Singh @ Robin SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
Bail was granted because the seized illicit liquor was not prima facie linked to the petitioner’s possession and the accusation rested solely on a co-accused’s confession.
Summary
The petitioner, Robin Kumar Singh, was named in an FIR for alleged illegal manufacturing and trading of illicit liquor under Section 30(a) of the Bihar Prohibition and Excise Act, with 609.84 litres of liquor recovered from a vehicle. He contended that the seized liquor was not in his physical possession and that his implication rested solely on the confessional statement of a co-accused, Mobin Ansari, and that the seizure list lacked independent witnesses. The State opposed his bail application, citing his involvement in three other cases, two of which he was already on bail for. The Court examined whether the absence of direct possession and reliance on a confessional statement justified denial of bail. Finding that the recovery was not prima facie linked to the petitioner’s possession, the Court directed that he be released on bail subject to conditions under Section 438(2) of the Cr.P.C. and Section 482(2) of the Bihar Non‑Statutory Substitution Act.
Issues considered
- Whether bail can be granted when the alleged contraband was not recovered from the accused's physical possession.
- Whether a confessional statement of a co-accused suffices to sustain an accusation for bail denial.
- Applicability of Section 438(2) Cr.P.C. and Section 482(2) BNSS in granting bail in a prohibition case.
Legislation cited
- Bihar Non‑Statutory Substitution Act — s. 482(2)
- Bihar Prohibition and Excise Act — s. 30(a)
- Criminal Procedure Code — s. 438(2)
Subjects
- bail
- illegal liquor
- Bihar Prohibition and Excise Act
- confessional statement
- physical possession
- Section 438 Cr.P.C.
- Section 482 BNSS
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.44624 of 2026
Arising Out of PS. Case No.-79 Year-2025 Thana- KUCHAIKOTE District- Gopalganj
======================================================
Robin Kumar Singh @ Robin Singh S/O Nagendra Singh @ Nagendra @
Nagen Singh Resident of Village - Ahirauli Dan, P.S. - Tareya Sujan, District -
Kushinagar (U.P.)
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pritish Ranjan, Adv
For the Opposite Party/s : Mr. Navin Kr. Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 06-07-2026 Heard the parties.
2. The accused/petitioner is named in the F.I.R. and
apprehending his arrest in connection with Kuchaikote P.S. Case
No.79/2025 registered for the offences punishable under Section 30
(a) of the Bihar Prohibition and Excise Act.
3. The allegation against the petitioner is to be engage
in illegal trading/manufacturing of illicit liquor, where, there is
recovery of 609.840 litres of IMFL/country made liquor.
4. Learned counsel appearing on behalf of the
petitioner submitted that recovery of illicit liquor was made from the
car bearing reg no. BR 01 PK 4585. It is further submitted that car in
issue is not connected in any manner with petitioner and petitioner
implicated in the present case on the basis of confessional statement
of apprehended co-accused namely Mobin Ansari. It is submitted that
recovery was not made from the conscious physical possession of the
petitioner. It is also submitted that seizure list appears doubtful being
Patna High Court CR. MISC. No.44624 of 2026(2) dt.06-07-2026
2/2
not supported by independent witnesses rather by police personnels.
Petitioner found involved in three more cases, where in two cases he
is on bail.
5. Learned APP, opposes the prayer for bail.
6. In view of aforesaid facts and circumstances as
mentioned above and by taking note of fact as recovery of illicit
liquor prima-facie not appears to be made from the physical
possession of this petitioner, accordingly the petitioner above named,
in the event of his arrest or surrender before the learned trial court
within a period of four weeks, is directed to be released on bail,
furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) each
with two sureties of the like amount each to the satisfaction of the
learned Exclusive Special Excise Court No. II, Gopalganj/concerned
trial court where the case is pending in connection with Kuchaikote
P.S. Case No.79/2025 subject to the conditions as laid down under
Section 438(2) of the Cr.P.C./ Section 482(2) of the BNSS.
(Chandra Shekhar Jha, J)
S.Tripathi/-
U T
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