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Patna High Court

Omveer SinghversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted to the petitioner.

Summary

The petitioner, Omveer Singh, was arrested as an assistant driver/cleaner of a truck from which 5,337 litres of illicit liquor were seized, and is charged under Section 30(a) of the Bihar Prohibition and Excise Act, 2016. He has been in custody since 15 October 2025 and filed a bail petition. Counsel argued that Singh had no conscious possession of the contraband, that a co‑accused in a similar position had previously been granted bail, and that the charge‑sheet had already been filed, eliminating any risk of evidence tampering. The State’s counsel conceded Singh’s low‑level role but opposed bail. The Court, after considering the facts, found no prima facie indication of Singh’s knowledge of the illegal consignment and, noting the completed investigation, ordered his release on bail upon furnishing a Rs.10,000 bond with two sureties and compliance with specified conditions.

Issues considered

  • Whether bail should be granted to an accused who was merely an assistant driver/cleaner of a vehicle involved in illegal liquor trafficking under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

Legislation cited

Subjects

  • bail
  • prohibition act
  • illegal liquor
  • Section 30(a)
  • excise law
  • criminal procedure
  • low‑level accused

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.86796 of 2025
                       Arising Out of PS. Case No.-503 Year-2020 Thana- RAJAOLI District- Nawada
                 ======================================================
                 Omveer Singh S/o- Gaja Singh @ Gaje Singh @ Gajo Singh R/v- Jajhedi Ps-
                 Kharad Dist- Mohali Punjab

                                                                                   ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Bipin Kumar
                 For the Opposite Party/s :       Mr.Mukesh Kumar Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

2   09-01-2026                     Heard the parties.

                                2. The petitioner seeks bail in connection with Rajauli

                   P.S. Case No. 503 of 2020 registered for the offence under

                   Section 30(a) of Bihar Prohibition and Excise Act, 2016.

                                3. The accused/petitioner is named in the F.I.R. and is

                   in custody since 15.10.2025.

                                4. The allegation against the petitioner is to involve in

                   illegal trading of liquor, where 5337 liters of IMFL was recovered.

                                5. Learned counsel appearing on behalf of the petitioner

                   submitted that petitioner is the assistant driver/cleaner of the

                   truck and nothing surfaced during the course of investigation,

                   which may suggest that petitioner was aware of the illegal

                   consignment of illicit liquor. It is further submitted that the said
Patna High Court CR. MISC. No.86796 of 2025(2) dt.09-01-2026
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          truck was also occupied by co-accused, as such, it cannot be said

          that recovery is from the conscious physical possession of the

          petitioner. It is also pointed out that similarly situated co-accused

          namely Vinod Chakrabarti has already granted bail by this Court

          through Cr. Misc. No. 71291 of 2021 dated 14.07.2022. While

          concluding the argument, it is submitted that petitioner found

          involved in two more cases, where he is on bail and, moreover,

          investigation in this case is complete for which charge-sheet has

          been submitted, as such, there is no chance of tampering with the

          evidence.

                       6. Learned APP appearing on behalf of the State while

          opposing the prayer of bail fairly conceded that petitioner is the

          helper/cleaner of the alleged truck.

                       7. Considering         the   facts      and   circumstances   as

          mentioned above, as nothing surfaced during the course of

          investigation, which may suggest, prima facie, that petitioner was

          aware about illegal consignment of illicit liquor coupled with the

          fact as petitioner is in custody since 15.10.2025, where charge-

          sheet has already submitted, let the petitioner, above named, is

          directed to be released on bail in connection with Rajauli P.S.

          Case No. 503 of 2020 on furnishing bail bond of Rs.10,000/-

          (Rupees Ten Thousand) with two sureties of the like amount each
              Patna High Court CR. MISC. No.86796 of 2025(2) dt.09-01-2026
                                                          3/3




                        to the satisfaction of learned Exclusive Special Excise Court-II,

                        Nawada, subject to the following conditions:

                                                             “(i) Accused/Petitioner shall cooperate
                                                in the trial and shall be physically present on each
                                                and every date before the Trial Court till
                                                conclusion of the trial and exemption from physical
                                                appearance be        allowed by the Trial Court, only
                                                on medical ground of the petitioner, duly
                                                supported by the documents.
                                                             (ii) That one of the bailors shall be
                                                deponent of the present bail petition.”


                                                                  (Chandra Shekhar Jha, J.)
Sudha/-

U         T


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