Patna High Court

Uma Shankar SinghversusThe State of Bihar

Decided: 13 February 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The court granted anticipatory bail to the petitioner subject to bond and surety conditions under Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023.

Summary

The petitioner, Uma Shankar Singh, sought anticipatory bail in connection with Excise Sadar P.S. Case No. 248 of 2025, which alleged that 1,740 litres of liquor were recovered from a Tata vehicle owned by him, violating Section 30(a) of the Bihar Prohibition and Excise Act. The petitioner argued that he had no knowledge of the goods, no incriminating article was found in his possession, and there was no compliance with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, thus no prima facie case existed. The State opposed the bail. The court examined the facts and, considering the lack of direct evidence against the petitioner, granted anticipatory bail subject to a bond of Rs.15,000 and two sureties, and conditions under Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023.

Issues considered

Whether anticipatory bail should be granted to the petitioner under Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023.
Whether a prima facie case exists against the petitioner under Section 30(a) of the Bihar Prohibition and Excise Act.

Legislation cited

Bharatiya Nagarika Suraksha Sanhita, 2023 — s. 103, 482(2)

Subjects

anticipatory bail
excise law
liquor seizure
Section 30(a)
Bihar Prohibition and Excise Act
Bharatiya Nagarika Suraksha Sanhita
Section 482(2)
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.11549 of 2026
                     Arising Out of PS. Case No.-248 Year-2025 Thana- Excise P.S. District- Darbhanga
                 ======================================================
                 Uma Shankar Singh Son of Sita Ram Singh Resident of Anandpur,
                 Suryagadha Anandpur PS -Suryagadha, Dist- Lakhisarai
                                                                           ... ... Petitioner/s
                                                Versus
                 The State of Bihar
                                                                    ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Saurabh Sinha, Advocate
                 For the Opposite Party/s :        Mr.Surendra Kumar, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   13-02-2026             Heard learned counsel for the petitioner and learned APP

                   for the State.

                           2.       The petitioner apprehends his arrest in connection

                   with Excise Sadar P.S. Case No. 248 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 total 1740 litres

                   of liquor was recovered from Tata vehicle.

                           4. Learned counsel for the petitioner submitted that the

                   petitioner has falsely been implicated in the present case. No

                   incriminating article has been recovered from the conscious

                   possession of the petitioner. The name of the petitioner has

                   transpired as being owner of the vehicle in question and he has

                   no knowledge regarding the goods loaded on the vehicle. The
           Patna High Court CR. MISC. No.11549 of 2026(2) dt.13-02-2026
                                                       2/2




                     petitioner has no criminal antecedent. There is no compliance of

                     Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023.

                     Learned counsel for the petitioner, therefore, contends that

                     prima-facie no case is made out against the petitioner.

                             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, let the petitioner above named, in the event of

                     arrest/surrender before the learned Court below within a period

                     of six weeks from today, be released on anticipatory 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 Excise Sadar P.S.

                     Case No. 248 of 2025, subject to the conditions as laid down

                     under Section 482(2) of the Bharatiya Nagarika Suraksha

                     Sanhita, 2023.


                                           (Rudra Prakash Mishra, J)
manish/-

U      T

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