Patna High Court
Prakash Singh @ Prakash Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RITESH KUMAR
Holding
The court granted bail to the petitioner subject to a bond and conditions under Section 482(2) of the B.N.S.S.
Summary
Petitioner Prakash Singh sought bail after being implicated in a case under Section 30(a) of the Bihar Prohibition and Excise Act, 2022 for allegedly selling country-made liquor. The police seized 16 litres of liquor and, based on statements of two arrested individuals, identified the petitioner as involved, though he claimed the liquor was seized from a public area and he had no connection. He argued that the seizure list was not prepared in accordance with Section 103 of the Bihar Negotiable Securities Act (B.N.S.S.) and highlighted a prior similar criminal case for which he was on bail. The State opposed the bail application. The High Court, after considering the submissions, ordered that the petitioner be released on bail upon furnishing a bond of Rs.10,000 with two sureties, subject to conditions under Section 482(2) of the B.N.S.S. and verification of his criminal antecedent.
Issues considered
- Whether bail should be granted to the petitioner pending trial under the Bihar Prohibition and Excise Act, 2022.
- Whether the identification of the petitioner complied with procedural requirements of Section 103 of the B.N.S.S.
- Whether the petitioner’s prior criminal antecedent warrants denial of bail.
Subjects
- bail
- Bihar Prohibition and Excise Act
- Section 30(a)
- seizure of liquor
- procedural lapse
- Section 103
- Section 482(2)
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18085 of 2026
Arising Out of PS. Case No.-7 Year-2026 Thana- BHELDI District- Saran
======================================================
Prakash Singh @ Prakash Kumar Singh S/o- Ramsnehi Singh R/o village -
Titara , P.s- Parsa, District- Saran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ravi Prakash, Advocate
For the Opposite Party/s : Mr. Umanath Mishra, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE RITESH KUMAR
ORAL ORDER
2 25-03-2026 Heard the learned counsel for the petitioner and the
learned A.P.P. for the State.
2. The petitioner apprehends his arrest in connection
with Bheldi P.S. Case No.07/2026, for having allegedly
committed offence under Section 30(a) of the Bihar Prohibition
and Excise Act, 2022.
3. As per the prosecution story, the informant along
with other police personnel was on patrolling duty and on secret
information that the petitioner is selling country made liquor
near a Babul tree of village Khardahan, reached the place of
occurrence and on seeing the police, three persons fled away,
however on chase, two persons were arrested and one person
succeeded in fleeing away. The arrested persons disclosed the
name of the petitioner and on search, total 16 litres of country
Patna High Court CR. MISC. No.18085 of 2026(2) dt.25-03-2026
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made liquor was recovered, out of which, 2 litres was recovered
from the pocket of the arrested persons and 14 litres from a
plastic bag.
4. The learned counsel for the petitioner submits that
the petitioner has got no concern with the said seized liquor and
the liquor has been seized from an open place accessible to all.
The name of the petitioner transpired on the basis of the
confession made by the other accused persons who were
arrested at the place of occurrence, with whom the petitioner has
got no concern and while preparing the seizure list, the
procedure contained under Section 103 of the B.N.S.S. was not
followed. The petitioner has got one criminal antecedent of the
similar nature in which he is on bail.
5. The learned A.P.P. for the State opposes the prayer
for bail.
6. Having considered the rival submissions, let the
petitioner, above-named, in the event of his arrest or surrender
within a period of six weeks, be released on bail on furnishing a
bail bond of Rs.10,000/- (Rupees Ten Thousand) with two
sureties of the like amount each to the satisfaction of the learned
Additional Sessions Judge-cum-Exclusive Special Court Excise
Act-I, Saran at Chapra in connection with Bheldi P.S. Case
Patna High Court CR. MISC. No.18085 of 2026(2) dt.25-03-2026
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No.07/2026, subject to the conditions laid down under Section
482(2) of the B.N.S.S. with a 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 steps for cancellation of bail bond of the
petitioner. However, the acceptance of bail bond in terms of the
above-mentioned order shall not be delayed for purpose of or in
the name of verification.
(Ritesh Kumar, J.)
Sanjay/-
U T
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