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Patna High Court

Prashant singh @ Prashant Kumar SinghversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

The court denied anticipatory bail to the petitioner.

Summary

The petitioner, Prashant Singh, the registered owner of a Hyva truck, applied for anticipatory bail after 3500 litres of illicit spirit were seized from his vehicle. He was charged under IPC sections 379, 420, 467, 468, 469, 486, 120B and Bihar Prohibition and Excise Act sections 30(a) and 33. The petitioner argued that he was falsely implicated as there was no conscious possession of the spirit. The State opposed the bail, highlighting the large quantity seized and the petitioner’s two prior criminal records, one of a similar nature. Considering the seriousness of the offence, the volume of illicit liquor, and the antecedents, the court rejected the anticipatory bail application.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner given the seizure of a large quantity of illicit spirit from his vehicle.
  • Whether the petitioner’s prior criminal antecedents justify denial of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • illicit liquor
  • possession
  • criminal antecedents
  • IPC
  • Bihar Prohibition and Excise Act
  • seizure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL MISCELLANEOUS No.27769 of 2026
                   Arising Out of PS. Case No.-161 Year-2021 Thana- MADANPUR District- Aurangabad
                 ======================================================
                 Prashant singh @ Prashant Kumar Singh S/o Surendra Singh Resident of Vill.
                 - Khichadiya, P.S. - Tarhasi, Dist. - Palamu(Jharkhand).

                                                                                ... ... Petitioner/s
                                                      Versus

                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner       :      Mr. Adarsh Singh, Advocate
                                                 Ms. Rushali, Advocate
                 For the State            :      Mr. Arun Kumar Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   11-05-2026                    Heard learned counsel appearing on behalf of the

                   petitioner and learned A.P.P. appearing on behalf of the State.

                                  2. The petitioner apprehends his arrest in a case

                   registered for the offence punishable under Sections 379, 420,

                   467, 468, 469, 486 and 120B of the Indian Penal Code and

                   Sections 30(a) and 33 of the Bihar Prohibition and Excise Act.

                                  3. As per prosecution case, 3500 litres illicit spirit was

                   recovered from the seized Hyva truck of which this petitioner is

                   registered owner.

                                  4. It is submitted by learned counsel appearing on

                   behalf of the petitioner that petitioner has falsely been

                   implicated in this case merely because he happens to be owner

                   of the vehicle in question. Nothing has been recovered from the
             Patna High Court CR. MISC. No.27769 of 2026(2) dt.11-05-2026
                                                         2/2




                       conscious possession of this petitioner.

                                    5. On the other hand, learned A.P.P. for the State has

                       vehemently opposed the prayer for grant of anticipatory bail to

                       the petitioner and submitted that huge quantity of spirit was

                       recovered from the seized vehicle of which this petitioner is

                       registered owner. Petitioner has got two criminal antecedents

                       out of which one is of similar nature.

                                    6. Considering the facts and circumstances of the

                       case, nature of accusation, fact that huge quantity of spirit was

                       recovered from the seized vehicle of which this petitioner is

                       registered owner and criminal antecedents of the petitioner, the

                       prayer for grant of anticipatory bail to the petitioner is rejected.



                                             (Prabhat Kumar Singh, J)
shashank/-

U      T


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