Patna High Court

Prashant Kumar SinghversusThe State of Bihar

Decided: 24 April 2026
Disposal: BAIL GRANTED
Bench: SANDEEP KUMAR

Holding

Bail was granted to the petitioner subject to a bond of Rs. 10,000, two sureties, and verification of any prior criminal antecedent.

Summary

The petitioner, Prashant Kumar Singh, was implicated in a case (Majorganj P.S. Case No. 302 of 2022) for allegedly transporting approximately 1,164 litres of illicit liquor in a vehicle he owned, violating Section 30(a) of the Bihar Prohibition and Excise Act, 2018. He contended that he had sold the vehicle to Vimlesh Kumar Thakur and submitted transfer documents to prove his innocence, also asserting that he has no prior criminal record under the Excise or NDPS Acts. The court examined these submissions and, considering the lack of antecedent and the sale of the vehicle, allowed the bail application. The petitioner was ordered to be released on bail with a bond of Rs. 10,000 and two sureties, subject to the conditions of Section 438(2) of the CrPC and Section 482 of the BNSS. The court further directed the lower court to verify the petitioner’s criminal antecedent before accepting the bail bond.

Issues considered

Whether bail should be granted to the petitioner pending trial for the offence under Section 30(a) of the Bihar Prohibition and Excise Act, 2018.
Whether the petitioner’s alleged lack of prior criminal antecedent under the Excise Act/NDPS Act warrants bail.

Legislation cited

BNSS — s. 482
Code of Criminal Procedure, 1973 — s. 438(2)

Subjects

bail
illicit liquor
vehicle transfer
criminal antecedent
Section 30(a)
CrPC
Bihar Prohibition and Excise Act
BNSS

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.16285 of 2026
                    Arising Out of PS. Case No.-302 Year-2022 Thana- MAJORGANJ District- Sitamarhi
                 ======================================================
                 Prashant Kumar Singh S/o Kameshwar Prasad Singh R/o Village - Dumri
                 Khurd, P.S - Majorganj, District - Sitamarhi
                                                                       ... ... Petitioner/s
                                                      Versus
                 The State of Bihar Bihar
                                                                ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Uday Kumar
                 For the Opposite Party/s :       Mr.Shyam Bihari Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   24-04-2026                     Heard learned counsel for the petitioner and learned

                   APP for the State.

                                   2. The petitioner apprehends his arrest in

                   connection with Majorganj P.S. Case No. 302 of 2022 registered

                   for the offence under Section 30(a) of Bihar Prohibition and

                   Excise Act, 2018.

                                   3. As per the prosecution case, the petitioner is the

                   owner of the vehicle which was caught carrying approx 1164

                   liters of illicit liquor

                                   4. It has been submitted by the learned counsel for

                   the petitioner that the petitioner is innocent and he has falsely

                   been implicated in this case. He further submits that the

                   petitioner has sold the vehicle in question to one Vimlesh

                   Kumar Thakur and in support of the same, he has relied upon

                   the documents of transfer of the vehicle. He also submits the

                   petitioner has no criminal antecedent registered under the

                   provisions of Excise Act.
          Patna High Court CR. MISC. No.16285 of 2026(2) dt.24-04-2026
                                                      2/2




                                    5. Considering the aforesaid facts, this application

                    is allowed.

                                     6. Let the petitioner, above named, in the event of

                    his arrest or surrender before the concerned Court below within

                    four weeks from today, 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 concerned Court

                    below in connection with Majorganj P.S. Case No. 302 of 2022,

                    subject to the conditions laid down in Section 438(2) of the

                    Code of Criminal Procedure, 1973 / Section 482 of the BNSS.

                                    7. As the petitioner claims to have no criminal

                    antecedent under the Excise Act/NDPS Act, the Court below,

                    before accepting the bail bonds of the petitioner is directed to

                    verify the same. If the petitioner is found to be involved in any

                    other case registered under the Excise Act/NDPS Act then the

                    bail bonds of the petitioner shall not be accepted.


                                                               (Sandeep Kumar, J)
Vikas/-
U

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