Patna High Court
Suman Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court granted bail to the petitioner.
Summary
The petitioner, Suman Kumar Singh, was charged under Sections 47, 30(a) and 38(1) of the Bihar Prohibition and Excise Act for the alleged possession of 617.67 litres of liquor recovered from a motorcycle, a pick‑up and a tempo. He contended that he was merely the owner of the pick‑up vehicle, had no knowledge of the liquor, and that no incriminating material was found in his personal possession, despite having one prior criminal antecedent and being in custody since 25‑12‑2025. The State opposed bail, arguing the seriousness of the offences and the non‑compliance of Section 103 of the B.N.S.S., 2023. The Court considered the lack of direct evidence against the petitioner, the duration of his custody, and the procedural lapse, and decided to grant bail. Accordingly, the petitioner was released on a bail bond of Rs.15,000 with two sureties of the same amount.
Issues considered
- Whether bail should be granted to the accused under the Bihar Prohibition and Excise Act in view of the alleged liquor seizure and his prior criminal antecedent
- Whether the non‑compliance of Section 103 of the B.N.S.S., 2023 precludes the grant of bail
Legislation cited
- B.N.S.S., 2023 — s. 103
Subjects
- bail
- Bihar Prohibition and Excise Act
- criminal procedure
- liquor seizure
- vehicle ownership
- Section 103 B.N.S.S. 2023
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9018 of 2026
Arising Out of PS. Case No.-74 Year-2018 Thana- ROSERA District- Samastipur
======================================================
Suman Kumar Singh Son of Raj Narayan Singh Resident of village -
Raniparti, P.S.- Rosera, District - Samastipur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mrs.Khushi Awadh, Advocate
For the Opposite Party/s : Mrs.Pronoti Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 12-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in Rosera P.S. case No. 74
of 2018 instituted for the offences under Sections 47, 30(a) and
38(1) of the Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that 617.67 liters
liquor was recovered out of which 43.2 liters liquor was recover
from motorcycle, 396.72 liters liquor was recovered from pick-
up vehicle and 177.75 liters liquor was recovered from tempo.
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
Patna High Court CR. MISC. No.9018 of 2026(2) dt.12-02-2026
2/2
has got no concern with the alleged recovery of liquor. It is
further submitted that the name of the petitioner has transpired
as being owner of the pick-up vehicle in question. The petitioner
had no knowledge regarding the nature of goods kept in vehicle
which runs as a public carrier. The petitioner is in custody
since 25.12.2025 and has got one criminal antecedent. There is
no compliance of Section 103 of B.N.S.S., 2023.
5. Learned A.P.P. 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/- (Fifteen thousand) with two sureties
of the like amount each to the satisfaction of Court
below/concerned Court in connection with Rosera P.S. case
No. 74 of 2018.
(Rudra Prakash Mishra, J)
Pankaj/-
U T
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