Patna High Court

Sanjay SinghversusThe State of Bihar

Decided: 31 January 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The Court granted bail to the petitioners, finding no material justification to keep them in custody.

Summary

Sanjay Singh and Raushan Kumar were arrested on 7 December 2025 after police recovered 130 litres of country‑made liquor from a garden in Rohtas district. They filed a bail petition before the Patna High Court, contending that they had no possession of the liquor, the recovery was from an open public place, they have no criminal antecedents, and the required compliance under Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023 was lacking. The prosecution charged them under Sections 30(a) and 30(c) of the Bihar Prohibition and Excise Act. The State opposed the bail application. After weighing the absence of incriminating material, the public nature of the recovery site, and the period of custody, the Court inclined to grant bail, directing the petitioners to furnish a bail bond of Rs 15,000 with two sureties of equal amount. The petition was disposed with bail granted.

Issues considered

Whether bail should be granted to the accused under Sections 30(a) and 30(c) of the Bihar Prohibition and Excise Act.
Whether the non‑compliance of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023 affects the grant of bail.
Whether the absence of incriminating material in the accused’s possession warrants bail.

Legislation cited

Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 103

Subjects

bail
excise
prohibition
Section 30(a)
Section 30(c)
Bihar Prohibition and Excise Act
Bharatiya Nagarik Suraksha Sanhita
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.5554 of 2026
                     Arising Out of PS. Case No.-294 Year-2025 Thana- BIKRAMGANJ District- Rohtas
                 ======================================================
           1.     Sanjay Singh S/o Late Ram Chandra Singh R/o Village- Gidha, P.S.-
                  Dawath, District- Rohtas
           2.     Raushan Kumar S/o Sidheshwar Singh R/o Village- Gidha, P.S.- Dawath,
                  District- Rohtas
                                                                          ... ... Petitioners
                                               Versus
                 The State of Bihar
                                                                  ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Ajay Kumar Tiwari, Advocate
                 For the Opposite Party/s :       Mr.Kumar Ranjit Ranjan, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   31-01-2026                  Heard learned counsel for the petitioners and learned

                   APP for the State.

                                2. The petitioners seek bail in connection with Excise

                   Case No. 1895 of 2025, arising out of Prohibition & Excise P.S.

                   Bikramganj Case No. 294 of 2025, instituted for the offences

                   punishable under Sections 30(a) and 30(c) of the Bihar

                   Prohibition and Excise Act.

                                3. The prosecution case, in short, is that total 130

                   liters of country made liquor was recovered from gallon in

                   orchard. Petitioners were arrested on the spot.

                                4. Learned counsel for the petitioners submits that the

                   petitioners are innocent and have falsely been implicated in the

                   present case. No incriminating material has been recovered from

                   the conscious possession of the petitioners. The petitioners have
           Patna High Court CR. MISC. No.5554 of 2026(2) dt.31-01-2026
                                                       2/2




                     got no concern with the alleged recovery of liquor. Learned

                     counsel for the petitioner further submitted that the recovery has

                     been made from Garden, which is an open place and is

                     accessible to public at large. Chargesheet has been submitted.

                     The petitioners are in custody since 07.12.2025 and have 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 petitioners.

                                  6. Considering the aforesaid facts and circumstances

                     of the case and the period of custody undergone by the

                     petitioners, this Court is inclined to grant bail to the petitioners.

                                  7. Let the petitioners be released on bail on furnishing

                     bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) each with

                     two sureties of the like amount each to the satisfaction of Court

                     below/concerned Court in connection with Excise Case No.

                     1895 of 2025, arising out of Prohibition & Excise P.S.

                     Bikramganj Case No. 294 of 2025.


                                           (Rudra Prakash Mishra, J)
manish/-
U      T

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