Patna High Court

UTTAM SINGHversusThe State of Bihar

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

Holding

The court granted bail to the petitioner, subject to bond and surety conditions.

Summary

The petitioner, Uttam Singh, was arrested in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act for allegedly transporting 345.600 litres of liquor. He contended that he was merely the driver of the vehicle, had no knowledge of the contraband, and was falsely implicated, also noting the absence of any criminal antecedent and lack of compliance with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023. The State opposed the bail application. After considering the facts, the court found the petitioner’s claim credible and the period of custody already served, and therefore inclined to grant bail. Bail was ordered on the condition of a Rs. 15,000 bond with two sureties, one of whom must be a close family member, and the petitioner’s mandatory appearance at all trial dates.

Issues considered

Whether bail should be granted to the petitioner under the circumstances of the case
Whether the petitioner’s alleged lack of knowledge and ownership of the vehicle negates the charge under Section 30(a) of the Bihar Prohibition and Excise Act
Whether non‑compliance with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, affects the bail application

Legislation cited

Bharatiya Nagarika Suraksha Sanhita, 2023 — s. 103

Subjects

bail
excise
prohibition
false implication
driver
possession
Section 30(a)
Section 103
Bihar
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.5807 of 2026
                    Arising Out of PS. Case No.-200 Year-2025 Thana- EXCISE JAGDISHPUR District-
                                                         Bhojpur
                 ======================================================
                 UTTAM SINGH S/o- Late Rajgrih Chaudhary R/v- Saroser W.No-14, Ps-
                 Dinara Dist- Rohtas at Sasaram



                                                                                ... ... Petitioner/s
                                                      Versus

                 The State of Bihar



                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Tribhuwan Narayan, Advocate
                 For the Opposite Party/s :      Mr. Umeshanand Pandit, APP
                 ======================================================
                 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

                   Jagdishpur Excise P.S. Case No. 200 of 2025 instituted for the

                   offences punishable under Section 30(a) of the Bihar Prohibition

                   and Excise Act.

                               3. The prosecution case, in short, is that total 345.600

                   litres of liquor was recovered from car.

                               4. Learned counsel for the petitioner submitted that the

                   petitioner has falsely been implicated in the present case. No
Patna High Court CR. MISC. No.5807 of 2026(2) dt.31-01-2026
                                            2/3




          incriminating article has been recovered from the conscious

          possession of the petitioner. Learned counsel further submitted

          that petitioner is not the owner of the vehicle. It is further

          submitted that petitioner is the driver of the vehicle in question

          but he had no knowledge regarding the goods loaded in the

          vehicle. The petitioner is in custody since 27.11.2025 and has no

          criminal antecedent. There is no compliance of Section 103 of

          the Bharatiya Nagarika 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 Jagdishpur Excise

          P.S. Case No. 200 of 2025, subject to the following conditions:

                       (I) One of the bailors shall be own/close member of

          the family of the petitioner.

                       (II) The petitioner shall appear on each and every date

          fixed at the trial. In case of default in such appearance on two
           Patna High Court CR. MISC. No.5807 of 2026(2) dt.31-01-2026
                                                       3/3




                     consecutive dates, the Trial Court will have liberty to cancel the

                     bail bonds of the petitioner.



                                           (Rudra Prakash Mishra, J)
Alok Verma/-

U      T

Continue reading with your account

Checking your session…