Patna High Court
Khushihal Singh @ Khushiyal SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
The Court held that, due to the absence of material evidence establishing the petitioner's complicity, bail should be granted subject to prescribed conditions.
Summary
The petitioner, Khushihal Singh, was implicated in a case (Hathua P.S. Case No. 304 of 2025) for alleged contravention of Section 30(a) of the Bihar Prohibition and Excise Act involving illicit liquor. The prosecution’s case rested on a co‑accused’s statement that named the petitioner, but no liquor, vehicle, or other incriminating material was recovered from him. The petitioner’s counsel argued that he was falsely implicated and highlighted the absence of any seized property linking him to the offence. The State opposed, citing a prior criminal case against the petitioner. Considering the lack of material evidence to establish his complicity, the Court ordered his release on bail with a bond of Rs. 10,000 and two sureties, subject to conditions under Section 482(2) of the B.N.S.S. and attendance requirements.
Issues considered
- Whether the petitioner can be granted bail in the absence of material evidence linking him to the alleged offence under the Bihar Prohibition and Excise Act
- Whether the prior criminal antecedent of the petitioner is sufficient to deny bail
Legislation cited
- B.N.S.S. — s. 482(2)
Subjects
- bail
- illicit liquor
- Bihar Prohibition and Excise Act
- Section 30(a)
- Criminal Procedure
- lack of material evidence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24948 of 2026
Arising Out of PS. Case No.-304 Year-2025 Thana- HATHUA District- Gopalganj
======================================================
Khushihal Singh @ Khushiyal Singh son of Pappu Singh, Resident of
Village- Gambhirpur, Tola Mahuwa Bhusha, P.S.- Nautan, District- Siwan.
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner : Mr. Javed Aslam, Advocate
For the State : Mr. Suresh Prasad Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
2 24-04-2026 Heard learned counsel for the petitioner and
learned A.P.P. for the State.
2. In the present case, the petitioner is
apprehending his arrest in connection with Hathua P.S. Case No.
304 of 2025, dated 17.10.2025, registered for the offence
punishable under Section 30(a) of the Bihar Prohibition and
Excise Act.
3. As per prosecution case, secret information was
received regarding the co-accused Himanshu Yadav bringing
illicit liquor on motorcycle with his associates. At the identified
place two motorcycles were found coming and two persons
were on one motorcycle while three persons were on second
motorcycle, who started fleeing away on seeing the police party.
Two persons with their motorcycle were apprehended and three
Patna High Court CR. MISC. No.24948 of 2026(2) dt.24-04-2026
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persons fled away from the spot leaving behind their
motorcycle. From the motorcycles, recovery of 20 litres and 4.6
litres respectively of country made liquor was made. The
apprehended co-accused disclosed the name of the petitioner
along with two other persons who fled away from the spot
leaving behind their motorcycle.
4. Learned counsel for the petitioner submits that
the petitioner is innocent and has falsely been implicated in this
case. Nothing incriminating has been recovered from person or
possession of the petitioner. Petitioner is neither concerned with
the seized motorcycle nor with the illicit liquor. Learned counsel
lastly submits that petitioner is having antecedent of one case
which has been registered against him by one of his agnates.
5. Learned APP opposes the submissions made on
behalf of the petitioner and submits that petitioner is having
criminal antecedent of one case.
6. Having regard to the facts and circumstances and
submissions made on behalf of the parties and considering the
fact that no recovery has been shown from the petitioner and
further considering the absence of material to show his
complicity in the alleged offence and to make out a case against
him, let the petitioner, above-named, in the event of his arrest or
Patna High Court CR. MISC. No.24948 of 2026(2) dt.24-04-2026
3/3
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-XIII-cum-Spl. Judge Excise Court No.I,
Gopalganj, in connection with Hathua P.S. Case No. 304 of
2025, subject to the conditions 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)
Shahnawaz/-
U T
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