Patna High Court
Raj Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court held that bail must be granted as the arrest was based only on suspicion, there was no compliance with Section 103, and the petitioner had no prior criminal record.
Summary
The petitioner, Raj Kumar Singh, was arrested in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act after 40 litres of liquor were recovered from a wheat field. He applied for bail, claiming innocence, lack of incriminating material in his possession, and that the recovery was from an open public place. The petitioner also argued that his arrest was based solely on suspicion and that there was no compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The State opposed the bail. Considering the circumstances, the court granted bail, directing the petitioner to furnish a bail bond of Rs. 15,000 with two sureties of the same amount.
Issues considered
- Whether bail should be granted in a case under Section 30(a) of the Bihar Prohibition and Excise Act where the accused was arrested on suspicion alone
- Whether the lack of compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, warrants bail
- Whether the petitioner’s lack of criminal antecedent and the nature of the alleged recovery justify bail
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 103
- Bihar Prohibition and Excise Act — s. 30(a)
Subjects
- bail
- prohibition law
- excise
- Section 30(a)
- Section 103
- criminal procedure
- suspicions arrest
- no criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8185 of 2026
Arising Out of PS. Case No.-2 Year-2026 Thana- KHUSRUPUR District- Patna
======================================================
Raj Kumar Singh Son of Arvind Singh Resident of Village - Kayampur, P.S.-
Khusrupur, District - Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Mickey Singh, Advocate
For the Opposite Party/s : Mrs. Shaheen Begum, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 10-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
Khusrupur P.S. Case No. 02 of 2026, instituted for the offences
punishable under Section 30(a) of the Bihar Prohibition and
Excise Act.
3. The prosecution case, in short, is that 40 liters
liquor was recovered from wheat filed in a plastic sack 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
Patna High Court CR. MISC. No.8185 of 2026(2) dt.10-02-2026
2/2
no concern with the alleged recovery of liquor. Learned counsel
for the petitioner also submitted that the alleged recovery has
been made from an open place and the same is easily accessible
to the public at large. It is further submitted that the petitioner
has been arrested only on the basis of suspicion. The petitioner
is in custody since 02.01.2026 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 Khusrupur P.S. Case
No. 02 of 2026.
(Rudra Prakash Mishra, J)
Rajorshi/-
U T
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