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Patna High Court

Raj Kumar SinghversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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