Patna High Court
Ujjwal Kant SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
Bail was granted to the petitioner.
Summary
The petitioner, Ujjwal Kant Singh, was arrested as a passenger in a vehicle from which 195 litres of country-made liquor were seized, leading to charges under Sections 30(a), 41 and 56(b) of the Bihar Prohibition and Excise Act. He contended that he had no knowledge of the contraband, was not the owner of the vehicle, and that no incriminating material was found in his possession, also highlighting his clean criminal record and the lack of compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The State opposed his bail application, arguing the seriousness of the offences. The Court, after considering the petitioner’s custody period, lack of direct involvement, and statutory safeguards, decided to grant bail. He was released on a bail bond of Rs. 15,000 with two sureties of the same amount each.
Issues considered
- Whether bail should be granted to the accused under the provisions of the Bihar Prohibition and Excise Act and the Bharatiya Nagarik Suraksha Sanhita, 2023.
Legislation cited
Subjects
- bail
- excise
- liquor seizure
- Bihar Prohibition and Excise Act
- Bharatiya Nagarik Suraksha Sanhita
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90496 of 2025
Arising Out of PS. Case No.-3099 Year-2025 Thana- Excise P.S. District- Patna
======================================================
Ujjwal Kant Singh S/o- Late Dayanand Singh R/O- Barua, Bahuara PS-
Rajapakar, Dist- Vaishali
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Nityanand Kumar, Advocate
For the Opposite Party/s : Mr.Suresh Prasad Singh, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 12-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with Patna
Excise P.S. Case No. 3099 of 2025, instituted for the offences
punishable under Sections 30(a), 41 and 56(b) of the Bihar
Prohibition and Excise Act.
3. The prosecution case, in short, is that total 195
litres of country made liters liquor was recovered from Tampoo.
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
no concern with the alleged recovery of liquor. The petitioner is
not owner of the vehicle. The petitioner was found sitting in the
Patna High Court CR. MISC. No.90496 of 2025(2) dt.12-01-2026
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said vehicle, as a passenger, and he has no knowledge about
goods loaded on the vehicle. The petitioner is in custody since
10.11.2025 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 Patna Excise P.S.
Case No. 3099 of 2025.
(Rudra Prakash Mishra, J)
manish/-
U T
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