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Patna High Court

Ujjwal Kant SinghversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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
                                                       2/2




                     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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