Patna High Court

Suresh SinghversusThe State Of Bihar

Decided: 22 April 2026
Disposal: ALLOWED
Bench: SUNIL DUTTA MISHRA

Holding

Anticipatory bail was granted to the petitioner subject to a bail bond of Rs.10,000 with two sureties and conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Summary

The petitioner, Suresh Singh, sought anticipatory bail in a case under Section 30(a) of the Bihar Prohibition and Excise Act where 2 litres of country-made liquor were recovered near his house. The prosecution alleged his involvement, while the petitioner claimed innocence, stating the liquor was recovered outside his residence and that no incriminating article was found in his possession. The petitioner, an elderly man of about 70 years with a single prior non‑excise offence, offered to cooperate with the investigation. The State opposed the bail. Considering the lack of material evidence, the petitioner’s age, and the nature of the allegation, the court ordered that he be released on bail upon furnishing a Rs.10,000 bond with two sureties, subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Issues considered

Whether anticipatory bail should be granted to the petitioner under Section 30(a) of the Bihar Prohibition and Excise Act.
Whether the petitioner’s age and the absence of incriminating material justify the grant of bail.
Whether conditions prescribed under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, may be imposed.

Legislation cited

Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)

Subjects

anticipatory bail
excise law
liquor seizure
bail conditions
elderly accused
section 30(a)
section 482(2)

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.26177 of 2026
                       Arising Out of PS. Case No.-138 Year-2026 Thana- MASHRAK District- Saran
                 ======================================================
                 Suresh Singh S/o Late Magister Singh, R/o Village -Harpur jan ,P.s.-
                 Masrhakh,Dist- Saran at Chapra.
                                                                        ... ... Petitioner/s
                                                 Versus
                 The State of Bihar.                            ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Vijay Kumar, Advocate.
                 For the Opposite Party/s :       Mr. Brajendra Nath Pandey, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                       ORAL ORDER

2   22-04-2026                  1. Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. The petitioner apprehends his arrest in connection

                   with Mashrakh P.S. Case No.138 of 2026 instituted under

                   Section 30(a) of the Bihar Prohibition and Excise Act.

                                3. As per the prosecution case, there is recovery of 2

                   liters country made liquor near the house of petitioner. It is

                   alleged that petitioner fled away from the spot.

                                4. Learned counsel for the petitioner submits that

                   petitioner is innocent and has been falsely implicated in this

                   case. He further submits that the alleged recovery of liquor has

                   been made outside from the house of petitioner and he has no

                   concern with the alleged seized liquor. Learned counsel submits

                   that there is no material against the petitioner. He further

                   submits that no incriminating article has been recovered from
              Patna High Court CR. MISC. No.26177 of 2026(2) dt.22-04-2026
                                                          2/2




                        the conscious possession of petitioner. Learned counsel submits

                        that petitioner is old person aged about 70 years, having one

                        criminal antecedent which does not belong to the Excise Act and

                        he undertakes to cooperate in the investigation and trial of the

                        case.

                                     5. Learned A.P.P. for the State opposes the prayer for

                        anticipatory bail.

                                     6. Considering the facts and circumstances of the

                        case, submissions of learned counsel for the parties and the

                        nature of allegation leveled against the petitioner as well as the

                        old age of the petitioner, in the event of arrest or surrender

                        before the Court below within six weeks from today, the

                        petitioner be released on bail upon furnishing bail bonds of

                        Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like

                        amount to each to the satisfaction of the learned Special Judge,

                        Excise-2, Saran at Chapra/ concerned Court in connection with

                        Mashrakh P.S. Case No.138 of 2026, subject to the conditions

                        laid down in Section 482(2) of the Bharatiya Nagarik Suraksha

                        Sanhita, 2023.



                                                (Sunil Dutta Mishra, J)
Ritik/-

U         T

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