Patna High Court
Prince Singh @ Prince Kumar @ Jishant SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
The Court granted bail to the petitioner, finding insufficient material to establish his complicity in the offence.
Summary
The petitioner, Prince Singh, was implicated in a case (Bheldi PS Case No. 330 of 2025) under Section 30(a) of the Bihar Prohibition and Excise Act after police recovered 2.625 litres of foreign liquor from a motorcycle and a co‑accused identified him. The petitioner contended that he was falsely implicated due to village politics, that the seized vehicle and liquor did not belong to him, and that the record of his antecedents was erroneous. The State argued that the petitioner had prior antecedents and had been accused in similar offences. The Court observed that the petitioner was not apprehended at the spot, no incriminating material was found on his person or possession, and there was a possibility of false implication. Consequently, the Court ordered his release on bail subject to conditions under Section 482(2) of the B.N.S.S. and the Bihar Prohibition and Excise Act.
Issues considered
- Whether the petitioner can be granted bail in the absence of material linking him directly to the seized liquor.
- Whether the allegations of false implication and erroneous antecedent record affect the bail decision.
Legislation cited
- B.N.S.S. — s. 482(2)
Subjects
- bail
- false implication
- excise offence
- Section 30(a)
- Bihar Prohibition and Excise Act
- criminal procedure
- antecedent record
- political influence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23588 of 2026
Arising Out of PS. Case No.-330 Year-2025 Thana- BHELDI District- Saran
======================================================
Prince Singh @ Prince Kumar @ Jishant Singh Son of Subhas Singh @ Suvas
Singh Resident of Village- Narayanpur, P.S.- Bheldi, District- Saran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Dr. Rajesh Kumar Singh, Advocate
For the Opposite Party/s : Mr.Ajay Kumar Jha, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
2 24-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. In the present case, the petitioner is
apprehending his arrest in connection with Bheldi P.S. Case No.
330 of 2025 registered for the offences under Section 30(a) of
the Bihar Prohibition and Excise Act.
3. As per prosecution case, during patrolling and
checking of vehicle, two persons riding a motorcycle tried to
flee away on seeing the police party. They were given a chase
and one of them was apprehended, who disclosed the name of
the petitioner, who fled away from the spot. From a sack kept on
the motorcycle, recovery of 2.625 litres of India made foreign
liquor was made.
4. Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.23588 of 2026(2) dt.24-04-2026
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the petitioner is innocent and has falsely been implicated in this
case. Neither the seized vehicle nor the seized liquor belong to
this petitioner, who has been made accused in this case on the
basis of disclosure of co-accused Manish Kumar Singh. But the
petitioner has been implicated in this case due to village politics.
Learned counsel further submits that the petitioner is having
antecedent of one case but the rejection order of learned
Sessions Court has mentioned about the petitioner having two
antecedent which is clearly an error of record. Learned counsel
further submits even the case in which the petitioner has been
made accused, he was juvenile at that time and was not
apprehended from the spot though his father has also been made
accused in that case.
5. Learned APP opposes the submission made on
behalf of the petitioner. Learned APP submits that the petitioner
is having antecedent and he was made accused in the similar
nature of offence.
6. Having regard to the facts and circumstances and
submissions made on behalf of the parties and considering the
fact that the petitioner was not apprehended from the spot and
nothing incriminating has been recovered from his person or
possession and further considering the absence of material to
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show the complicity of the petitioner in the offence under
Excise Act and also considering the possibility of false
implication, let the petitioner above named, in the event of his
arrest or surrender before the court concerned within a period of
eight weeks from today, be released on bail, on furnishing bail
bonds of Rs.10,000/- (Rupees Ten Thousand Only) with two
sureties of the like amount each to the satisfaction of learned
Additional Sessions Judge -cum- Exclusive Special Court
Excise Act-I, Saran at Chapra/concerned court in connection
with Bheldi P.S. Case No. 330 of 2025, subject to the condition
as laid down under Section 482(2) of the B.N.S.S. and other
following conditions :
(i) One of the bailors will be a close
relative of the petitioner.
(ii) The petitioner will remain present
on each and every date fixed by the
court below, if so required by the
learned trial court.
(Arun Kumar Jha, J)
DKS/-
U T
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