Patna High Court
Prashant singh @ Prashant Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRABHAT KUMAR SINGH
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
- Bihar Prohibition and Excise Act — s. 30(a), 33
- Indian Penal Code — s. 120B, 379, 420, 467, 468, 469, 486
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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