Raj Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25226 of 2026 Arising Out of PS. Case No.-53 Year-2026 Thana- Excise P.S. District- Saran ====================================================== Raj Kumar Singh Son of Anil Singh @ Sanjay Singh Resident of VillageSiswan, P.S.- Siswan Ghurghat, District- Siwan ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rajiv Ranjan Kumar Pandey, Advocate For the Opposite Party/s :
Ms. Sucheta Yadav, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 16-04-2026 Heard Mr. Rajiv Ranjan Kumar Pandey, learned counsel for the petitioner and Ms. Sucheta Yadav, learned Additional Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since 24.02.2026 in connection with Sadar Excise P.S. Case No. 53 of 2026, F.I.R. dated 23.02.2026 for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2018.
3. Recovery is of 7.600 liters of illegal liquor.
4. Learned counsel for the petitioner submits that petitioner has clean antecedent and he has falsely been implicated in the present case. As per allegation in the FIR altogether 7.500 liters of illegal liquor of different brands have been recovered from the possession of the petitioner. He next submits that infact nothing has been recovered from the
Patna High Court CR. MISC. No.25226 of 2026(2) dt.16-04-2026 2/3 conscious possession of the petitioner and police has planted the same and shown that the recovery have been made from the possession of the petitioner. From bare perusal of the seizure list it appears that seizure list witnesses are police personnel, therefore there is non-compliance of Section 103 and 105 of BNSS and the petitioner is in custody since 24.02.2026.
5. The learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Court No-3, Saran (Chapra) in connection with Sadar Excise P.S. Case No. 53 of 2026, subject to the following conditions:- i. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below. ii. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to
Patna High Court CR. MISC. No.25226 of 2026(2) dt.16-04-2026 3/3 move for cancellation of bail.
iii. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.
(Rajesh Kumar Verma, J) Suruchi/- U T