Patna High Court
Randhir SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court granted bail to the petitioner.
Summary
Randhir Singh was arrested in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act after 100 litres of country‑made liquor were recovered from a motorcycle he owned. The petitioner claimed he had no knowledge of the liquor, that it was tied to the motorcycle seat, and that no incriminating material was found in his personal possession, though he has one prior criminal record and has been in custody since 2 November 2025. The State opposed bail, while the petitioner argued that procedural requirements under Section 103 of the BNSS, 2023 had not been complied with. The Court, considering the circumstances and the period of custody, 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 accused under Section 30(a) of the Bihar Prohibition and Excise Act.
- Whether the lack of incriminating material in the accused's possession and the alleged non‑compliance with Section 103 of the BNSS, 2023 justify bail.
- Whether the accused poses a risk of fleeing, tampering with evidence, or committing further offences.
Legislation cited
- BNSS, 2023 — s. 103
Subjects
- bail
- prohibition law
- excise
- illicit liquor
- criminal procedure
- Section 30(a)
- Section 103
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.980 of 2026
Arising Out of PS. Case No.-416 Year-2025 Thana- KALYANPUR District- East Champaran
======================================================
Randhir Singh Son of Shankar Singh Resident of village- Bakhri (Bakhri
Khas), P.S- Kalyanpur, District- East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ajay Kumar Singh, Adv.
For the Opposite Party/s : Mr. Sanjay Kumar Pandey, 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 Kalyanpur
PS Case No. 416 of 2025 instituted for the offences under
Section 30(a) of the Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that 100 liters of
country made liquor was recovered from the 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. The name of the
petitioner transpired in this case being the owner of the
Patna High Court CR. MISC. No.980 of 2026(2) dt.19-01-2026
2/2
motorcycle. Learned counsel for the petitioner submits that
recovery has been made from sacks which was tied on the seat
of the motorcycle with ulterior motive. The petitioner is in
custody since 02.11.2025 and has got one criminal antecedent.
There is no compliance of Section 103 of the BNSS, 2023.
5. Learned A.P.P. 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/- (Fifteen thousand) with two sureties of the
like amount each to the satisfaction of Court below/concerned
Court in connection with Kalyanpur PS Case No. 416 of 2025.
(Rudra Prakash Mishra, J)
Siddharth Soni/-
U T
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