Patna High Court
Alok Kumar Singh @ Alok Kr. SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
Bail was granted to the petitioner.
Summary
Alok Kumar Singh was arrested on 30-12-2025 after 114.735 litres of liquor were recovered from a street stall, and charged under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act. The petitioner contended that he had no possession of the liquor, no incriminating material was found on him, and he had no prior criminal record. He also argued that the investigation failed to comply with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The State opposed bail, but the Court, considering the lack of direct evidence, the petitioner’s clean record, and the period of custody already served, decided to grant bail. The Court ordered the petitioner to be released on bail upon furnishing a bond of Rs.15,000 with two sureties of the same amount.
Issues considered
- Whether bail should be granted to the accused under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act in the absence of incriminating material and prior record
- Whether non‑compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, warrants bail
Legislation cited
Subjects
- bail
- excise
- liquor
- Bihar Prohibition and Excise Act
- criminal procedure
- Bharatiya Nagarik Suraksha Sanhita
- no prior record
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5505 of 2026
Arising Out of PS. Case No.-1456 Year-2025 Thana- Excise P.S. District- Aurangabad
======================================================
Alok Kumar Singh @ Alok Kr. Singh Son of Dilip Singh Resident of Village-
Jasoiya, P.S.- Aurangabad Town, District- Aurangabad (Bihar)
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Aman Vishal, Advocate
For the Opposite Party/s : Mr.Ramesh Chandra, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 31-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
Aurangabad Excise Sadar P.S. Case No. 1456 of 2025, instituted
for the offences punishable under Sections 30(a) and 32(3) of
the Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that total 114.735
liters liquor was recovered from street stall. Petitioner was
arrested on the 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. The alleged
Patna High Court CR. MISC. No.5505 of 2026(2) dt.31-01-2026
2/2
recovery has been made from Kiosk near a rice mill, which is an
open place. The petitioner has no concerned with the alleged
Kiosk. The petitioner is in custody since 30.12.2025 and has got
no criminal antecedent. There is no compliance of Section 103
of the Bharatiya Nagarik Suraksha Sanhita, 2023.
5. Learned APP 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/- (Rupees Fifteen Thousand) with two
sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with Aurangabad Excise
Sadar P.S. Case No. 1456 of 2025.
(Rudra Prakash Mishra, J)
manish/-
U T
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