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Patna High Court

Prince Singh @ Prince Kumar @ Jishant SinghversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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
            Patna High Court CR. MISC. No.23588 of 2026(2) dt.24-04-2026
                                                        3/3




                      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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