Patna High Court
Akalesh Singh @ Akhalesh SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court held that, given the petitioner’s lack of possession, absence of incriminating material and the custody already served, bail should be granted.
Summary
The petitioner was arrested after 21 litres of liquor were recovered from a scooty and charged under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act. He contended that he neither owned the scooty nor had knowledge of the liquor, and that no incriminating material was found on his person. The State opposed bail, citing the offences and a prior criminal antecedent. The court examined the lack of direct possession, the petitioner’s claim of innocence, the period of custody already served, and the non‑compliance with Section 103 of the B.N.S.S., 2023. Finding the circumstances favorable, the court granted bail on a bond of Rs.15,000 with two sureties.
Issues considered
- Whether the petitioner is entitled to bail for offences under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act.
- Whether the petitioner’s lack of ownership of the scooty and absence of incriminating material justify bail.
- Whether non‑compliance with Section 103 of the B.N.S.S., 2023 bars the grant of bail.
Legislation cited
- B.N.S.S., 2023 — s. 103
Subjects
- bail
- excise
- possession of liquor
- Bihar Prohibition and Excise Act
- Section 103 compliance
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4857 of 2026
Arising Out of PS. Case No.-301 Year-2025 Thana- Excise P.S. District- Saran
======================================================
Akalesh Singh @ Akhalesh Singh S/O Late Upendra Singh R/O Vill.- Sisma
Khurd, P.S.- Daudpur, Dist.- Saran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Alok Kumar Alok, Advocate
For the Opposite Party/s : Mr.Pradeep Narain Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 28-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in Sadar Excise P.S. case
No. 301 of 2025 instituted for the offences under Sections 30(a)
and 32(3) of the Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that 21 liters liquor
was recovered from Scooty and the petitioner was arrested on
spot.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
present case. No incriminating material has been recovered
from the conscious possession of the petitioner. The petitioner
has got no concern with the alleged recovery of liquor. It is
Patna High Court CR. MISC. No.4857 of 2026(2) dt.28-01-2026
2/2
further submitted that the scooty in question does not belong to
the petitioner. He was completely unaware of the fact that
owner of the vehicle has kept liquor in the scooty. The petitioner
is in custody since 16.11.2025 and has got one criminal
antecedent. There is no compliance of Section 103 of B.N.S.S.,
2023.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances
of the case and the period of custody undergone by the
petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail on furnishing
bail bonds of Rs.15,000/- (Fifteen thousand) with two sureties
of the like amount each to the satisfaction of Court
below/concerned Court in connection with Sadar Excise P.S.
case No. 301 of 2025.
(Rudra Prakash Mishra, J)
Pankaj/-
U T
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