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Patna High Court

Paramjit SinghversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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