Created by Fuzzy Cloud

Patna High Court

Rana Singh @ Rana ChauhanversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail, finding that the prosecution had not established sufficient material or procedural compliance to justify continued detention.

Summary

Petitioner Rana Singh was arrested in connection with a case alleging possession of 74.4 liters of liquor recovered from a motorcycle, under Section 30(a) of the Bihar Prohibition and Excise Act. The petitioner claimed innocence, stating he neither owned the motorcycle nor was arrested on the spot, and that his name was disclosed by a local watchman based solely on suspicion, with no incriminating material found in his possession. The prosecution opposed bail, while the petitioner’s counsel highlighted the lack of compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, and the petitioner’s three prior criminal antecedents. The court, after considering the circumstances and the period of custody, decided to grant bail, imposing a bond of Rs. 15,000 with two sureties and specific conditions regarding family surety and appearance. The bail order was issued by Justice Rudra Prakash Mishra.

Issues considered

  • Whether bail should be granted in a case under Section 30(a) of the Bihar Prohibition and Excise Act when the accused claims lack of ownership and no material is found in his possession
  • Whether the arrest complied with the procedural requirements of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023

Legislation cited

Subjects

  • bail
  • prohibition law
  • excise
  • criminal procedure
  • suspicion
  • section 103
  • section 30(a)
  • court order

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.9694 of 2026
                       Arising Out of PS. Case No.-162 Year-2025 Thana- PIPRAHI District- Sheohar
                 ======================================================
                 Rana Singh @ Rana Chauhan Son of Ramshankar Singh @ Rama Shankar
                 Singh Resident of Village- Ambakala PS -Piprahi Distt -Sheohar

                                                                                    ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Shanti Bhushan Singh, Advocate
                 For the Opposite Party/s :        Mr. Choubey Jawahar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   12-02-2026                     Heard Mr. Shanti Bhushan Singh, learned counsel

                   for the petitioner and Mr. Choubey Jawahar, learned APP for the

                   State.

                                2. The petitioner seeks bail in connection with Piprahi

                   P.S. Case No. 162 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 74.4 liters

                   liquor was recovered from motorcycle.

                                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. Learned counsel
Patna High Court CR. MISC. No.9694 of 2026(2) dt.12-02-2026
                                            2/3




          for the petitioner also submitted that the petitioner is not the

          owner of the motorcycle in question. It is next submitted that the

          petitioner was not arrested on spot. Name of the petitioner has

          transpired in this case on the basis of disclosure made by local

          chaukidar. It is further submitted that the petitioner has been

          arrested only on the basis of suspicion. The petitioner is in

          custody since 24.12.2025 and has got three criminal

          antecedents. 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 Piprahi P.S. Case No.

          162 of 2025, subject to the following conditions:

                       (I) One of the bailors shall be own/close member of

          the family of the petitioner.

                       (II) The petitioner shall appear on each and every date
             Patna High Court CR. MISC. No.9694 of 2026(2) dt.12-02-2026
                                                         3/3




                       fixed at the trial. In case of default in such appearance on two

                       consecutive dates, the Trial Court will have liberty to cancel the

                       bail bonds of the petitioner.



                                                                    (Rudra Prakash Mishra, J)
Rajorshi/-

U       T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.