Patna High Court
Omveer SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
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
- Bihar Prohibition and Excise Act, 2016 — s. 30(a)
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
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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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