Patna High Court
Om Prakash SinghversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted anticipatory bail to the petitioner, subject to specified conditions.
Summary
The petitioner, Om Prakash Singh, applied for anticipatory bail fearing arrest in a case (Suppi P.S. Case No. 155 of 2024) under Section 30(a) of the Bihar Prohibition and Excise Act for allegedly transporting illegal liquor. The prosecution alleged that three bikers were carrying 132 litres of illicit liquor, two were apprehended, and the petitioner’s bike was among those used. The petitioner contended that he was merely the owner of the bike, had handed it over to a third party, and that no liquor was recovered from his possession, asserting that he was falsely implicated. He also relied on a prior decision (Cr. Misc. No. 79448 of 2024) where a co‑accused on similar facts was granted bail. The State opposed the bail, but the Court, after hearing both sides, granted anticipatory bail subject to surrender within four weeks, a bail bond of Rs 10,000 with two sureties, and compliance with Section 482(2) of the B.N.S.S. Act.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the Bihar Prohibition and Excise Act, Section 30(a).
- Whether the petitioner poses a risk of fleeing, tampering with evidence, or influencing witnesses.
- Whether the precedent of granting bail to a similarly situated co‑accused is applicable.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
- B.N.S.S. — s. 482(2)
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- illegal liquor
- Section 30
- bail precedent
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10326 of 2026
Arising Out of PS. Case No.-155 Year-2024 Thana- SUPPI District- Sitamarhi
======================================================
Om Prakash Singh Son of Digvijay Narain Singh Resident of Village -
Rampur Haripur, P.S. - Pupari, District - Sitamarhi.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ashok Kumar Jha, Advocate
For the Opposite Party/s : Mr. Sanjay Kumar Sharma, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 26-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The instant application for anticipatory bail has
been filed by the petitioner apprehending his arrest in
connection with Suppi P.S. Case No. 155 of 2024 instituted for
the offence under Section 30(a) of the Bihar Prohibition and
Excise Act.
3. The case of the prosecution, in short, is that police
had a secret information that three bikers are carrying illegal
liquor. When the bikers were ordered to stop, bikers started
fleeing away. Two persons were apprehended and from these
bikers altogether 132 liters of liquor was recovered.
4. Learned counsel appearing on behalf of the
Patna High Court CR. MISC. No.10326 of 2026(2) dt.26-02-2026
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petitioner has submitted that petitioner is innocent and has
committed no offence. He has been falsely implicated in this
case. Learned counsel for the petitioner has submitted that the
petitioner is framed in this case because he is the owner of one
of the bikes. Learned counsel for the petitioner has submitted
that nothing has been recovered from the possession of the
petitioner. The petitioner has handed over his bike to one
Amrendra Kumar who has misused the bike and was
apprehended at the spot. Learned counsel for the petitioner has
further submitted that similarly situated co-accused has been
granted bail by this Court vide Cr. Misc. No. 79448 of 2024.
The case of this petitioner stands on similar footing.
5. Learned APP for the State has opposed the prayer
of bail of the petitioner.
6. Having heard learned counsel for the parties and in
the facts and circumstances of the case as stated above, this
Court is inclined to enlarge the petitioner on bail. The petitioner
is directed to surrender in the Court below within a period of
four weeks from today and in the event of his arrest or surrender
in connection with Suppi P.S. Case No. 155 of 2024, he will be
enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees
ten thousand) with two sureties of the like amount each to the
Patna High Court CR. MISC. No.10326 of 2026(2) dt.26-02-2026
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satisfaction of learned Exclusive Special Excise Court-I,
Sitamarhi, subject to the conditions as laid down under section
482(2) of B.N.S.S.
(Ashok Kumar Pandey, J)
durgesh/-
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