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Patna High Court

Khushihal Singh @ Khushiyal SinghversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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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