Patna High Court
Raja SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court granted bail to the petitioner.
Summary
Raja Singh was arrested in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act after 20 litres of liquor were recovered from a motorcycle. The petitioner contended that he was falsely implicated, had no incriminating article in his possession, and bore no link to the vehicle, also noting his lack of prior criminal record and that Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023 had not been complied with. The State opposed bail. Considering the circumstances, the court found the petitioner's claim credible and, noting the short period of custody, granted bail on condition of a Rs.15,000 bond with two sureties. The order released the petitioner pending further trial.
Issues considered
- Whether bail should be granted to the petitioner under the circumstances of the case
- Whether the petitioner was falsely implicated and lacks possession of the contraband
- Whether the requirements of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023 have been complied with
Legislation cited
Subjects
- bail
- prohibition law
- excise
- false implication
- criminal procedure
- Section 103
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91380 of 2025
Arising Out of PS. Case No.-148 Year-2025 Thana- SAHAJITPUR District- Saran
======================================================
Raja Singh S/o- Awadhesh Singh R/v- Sarmi Ps- Sahajitpur Dist- Saran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Harsh Anuj, 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
Sahajitpur P.S. Case No. 148 of 2025 instituted for the offences
punishable under Section 30(a) of the Bihar Prohibition and
Excise Act.
3. The prosecution case, in short, is that total 20 litres
of liquor was recovered from motorcycle.
4. Learned counsel for the petitioner submitted that the
petitioner has falsely been implicated in the present case. No
incriminating article has been recovered from the conscious
possession of the petitioner. Learned counsel further submitted
that petitioner is in no manner connected with the vehicle in
question or the alleged recovery of liquor. The petitioner is in
Patna High Court CR. MISC. No.91380 of 2025(2) dt.19-01-2026
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custody since 21.11.2025 and has no criminal antecedent. There
is no compliance of Section 103 of the Bharatiya Nagarika
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 as also 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 Sahajitpur P.S. Case
No. 148 of 2025.
(Rudra Prakash Mishra, J)
Alok Verma/-
U T
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