Patna High Court
Mintu SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The petitioner is entitled to bail in the case under Section 30(a) of the Bihar Prohibition and Excise Act.
Summary
Mintu Singh was charged under Section 30(a) of the Bihar Prohibition and Excise Act for alleged recovery of 656.610 litres of liquor from a bush. The petitioner argued that he was not arrested at the spot, no liquor was found in his possession, and the recovery occurred on public land, with the case being mechanically built on a chowkidar's statement without proper investigation. He also disclosed seven prior cases, five under the Excise Act, and had been in custody since 12 January 2026. The State opposed bail, citing his antecedents. The Court, noting the lack of direct seizure, the public nature of the alleged site, and the procedural deficiencies, ordered his release on bail upon furnishing a bond of Rs.10,000 with two sureties of the same amount, to be satisfied by the trial court.
Issues considered
- Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act considering the nature of the alleged offence and his prior criminal record.
Subjects
- bail
- excise
- prohibition act
- Section 30(a)
- prior convictions
- police investigation
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9989 of 2026
Arising Out of PS. Case No.-225 Year-2025 Thana- BARURAJ District- Muzaffarpur
======================================================
Mintu Singh S/o- Lalan Singh R/v- Laxaminiya Ps- Baruraj Dist-
Muzaffarpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Priyesh Kumar
For the Opposite Party/s : Mr. Narsingh Tanti
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 16-02-2026 1. Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner seeks bail in a case registered for the
offence punishable under Section 30(a) of Bihar Prohibition and
Excise Act.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of seven cases, out of which, five cases
are under the Excise Act and allegation is of recovery of
656.610 litres of liquor from a bush. It is next submitted that
petitioner was not arrested from the spot as such nothing was
recovered from his conscious possession and even alleged
recovery is from a place which does not belong to the petitioner
and is accessible to villagers at large and he came to be
implicated at the instance of chowkidar but then it is submitted
Patna High Court CR. MISC. No.9989 of 2026(2) dt.16-02-2026
2/2
that once an accused is implicated in a case relating to excise,
the police starts implicating mechanically either through
chowkidar, local person, confessional statement or secret
information without holding a proper investigation and the
petitioner is in custody since 12.01.2026.
4. Learned A.P.P. opposes the prayer for bail of the
petitioner.
5. Considering the submissions made by the learned
counsel for the petitioner, the petitioner above-named, is
directed to be released on bail on furnishing bail bonds of
Rs.10,000/- (Rupees ten thousand) with two sureties of the like
amount each to the satisfaction of the learned trial court where
the case is pending/successor court in connection with Baruraj
P.S. Case No.225/2025.
(Satyavrat Verma, J)
amit/-
U T
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