Patna High Court
Raj Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court grants bail to the petitioner.
Summary
The petitioner, Raj Kumar Singh, was arrested as a passenger in a vehicle from which 150 litres of liquor was seized, alleged to be in violation of Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act. He contended that he neither owned nor drove the vehicle, had no knowledge of the contraband, and that no incriminating material was found in his possession. The State opposed bail, while the petitioner highlighted his lack of involvement, prior bail for another case, and the non‑compliance of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. After considering the circumstances and the period of custody since 16‑09‑2025, the Court decided to grant bail. The order directed the petitioner to furnish a bail bond of Rs.15,000 with two sureties of the same amount.
Issues considered
- Whether bail should be granted to the petitioner under the Bihar Prohibition and Excise Act offences.
- Whether the petitioner’s status as a passenger and lack of incriminating material justify bail.
- Whether non‑compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, bars bail.
Legislation cited
Subjects
- bail
- excise
- liquor seizure
- Bihar Prohibition and Excise Act
- Bharatiya Nagarik Suraksha Sanhita
- criminal procedure
- passenger liability
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91253 of 2025
Arising Out of PS. Case No.-980 Year-2025 Thana- Excise P.S. District- Aurangabad
======================================================
Raj Kumar Singh S/O Late Krishna Singh Resident of Village- Rama Bigha,
P.S- Hussainabad, Distt.- Palamu (Jharkhand).
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ashok Kumar No.6, Advocate
For the Opposite Party/s : Mr. Ramesh Chandra, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 19-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with Excise
P.S. Case No. 980 of 2025, instituted for the offences punishable
under Sections 30(a) and 32(3) of the Bihar Prohibition and
Excise Act.
3. The prosecution case, in short, is that 150 liters
liquor was recovered from car and the petitioner was arrested on
spot.
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
Patna High Court CR. MISC. No.91253 of 2025(2) dt.19-01-2026
2/2
no concern with the alleged recovery of liquor. Learned counsel
for the petitioner also submits that the petitioner is neither
owner nor driver of the car in question rather he was a passenger
of that vehicle and has got no knowledge with regard to the
nature of goods loaded in the vehicle. The petitioner is in
custody since 16.09.2025 and has got one criminal antecedent in
which he is on bail. 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 Excise P.S. Case No.
980 of 2025.
(Rudra Prakash Mishra, J)
Rajorshi/-
U T
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