Patna High Court
Rana Singh @ Rana ChauhanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
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
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