Patna High Court
Paramjit SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The High Court held that since the illicit liquor was not recovered from the petitioner's physical possession, bail could be granted subject to conditions.
Summary
The petitioner, Paramjit Singh, was named in an FIR for alleged illegal manufacturing and trading of illicit liquor under Section 30(a) of the Excise Act, with 164.4 litres of liquor recovered from an electric auto rickshaw. The petitioner contended that he neither owned nor drove the vehicle and had no physical possession of the seized liquor. The State opposed his bail application. The Court examined whether the recovery was made from the petitioner's possession and found that it was not, concluding that the prima facie case did not establish his direct involvement. Consequently, the Court ordered his release on bail upon surrender within four weeks, subject to a bond of Rs. 10,000 with two sureties and conditions under Section 482(2) of the Criminal Procedure Code. The bail was directed to be secured before the 2nd Exclusive Special Excise Judge, Saran, Chapra.
Issues considered
- Whether the petitioner was in physical possession of the illicit liquor seized under Section 30(a) of the Excise Act.
- Whether bail can be granted in the absence of a prima facie case linking the petitioner to the seized vehicle and liquor.
- Applicability of Section 482(2) of the Criminal Procedure Code in granting bail.
Legislation cited
- Criminal Procedure Code — s. 482(2)
- Excise Act — s. 30(a)
Subjects
- bail
- excise law
- illicit liquor
- possession
- Section 30
- Section 482
- High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.45958 of 2026
Arising Out of PS. Case No.-224 Year-2026 Thana- MANJHI District- Saran
======================================================
Paramjit Singh S/o Sarva Singh @ Sarwanand Singh R/o Village - Tajpur, P.s.
- Manjhi, District - Saran at Chapra.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Chandra Mohan Jha
For the Opposite Party/s : Mr.Nand Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 10-07-2026 Heard the parties
2.The petitioner is named in the F.I.R. and
apprehending his arrest in connection with Manjhi P.S. Case
No. 224 of 2026 registered for the offences punishable under
Section 30(a) of Excise Act.
3. The allegation against the petitioner is to be
engaged in illegal trading/manufacturing of illicit liquor, where,
there is recovery of 164.4 litres of IMFL/country made liquor.
4. Learned counsel appearing on behalf of the
petitioner submitted that recovery was made from electric Auto
bearing registration no. BR 04 PA 9036 petitioner is not
connected in any manner with alleged vehicle. It is submitted
that petitioner is neither the driver nor owner of the seized
Patna High Court CR. MISC. No.45958 of 2026(2) dt.10-07-2026
2/2
vehicle. It is submitted that recovery is not made from
conscious physical possession of the petitioner.
5. Learned APP, opposed the prayer of bail.
6. In view of aforesaid factual and legal submission
and by taking note of fact as recovery of illicit liquor prima-
facie not appears to be made from the physical possession of
the petitioner, accordingly petitioner above-named, in the
event of his arrest or surrender before the court below within a
period of four weeks, is directed to be released on bail,
furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand)
with two sureties of the like amount each to the satisfaction of
the learned 2nd Exclusive Spl. Excise Judge Saran at Chapra
/concerned Court, where the case is pending in connection with
Manjhi P.S. Case No. 224 of 2026, subject to the conditions as
laid down under Section 482(2) of BNSS.
(Chandra Shekhar Jha, J)
Sudha/-
U T
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