Created by Fuzzy Cloud

Patna High Court

Vishal singhversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court held that bail should be granted to the petitioner.

Summary

The petitioner, Vishal Singh, applied for bail in a case under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act, where 129.60 litres of liquor were recovered from a car he was driving. He claimed innocence, stating he had borrowed the car from a friend and had no knowledge of the liquor, and highlighted the absence of any incriminating material in his possession, no prior criminal record, and lack of compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The State opposed the bail. Considering the facts, the period of custody since 28‑11‑2025, and the nature of the offence, the Court decided to grant bail. The bail was set at a bond of Rs. 15,000 with two sureties of the same amount. The petitioner was ordered to be released on bail pending further trial.

Issues considered

  • Whether bail should be granted to the petitioner under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act considering the facts of the case
  • Whether the lack of compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, affects the bail decision

Legislation cited

Subjects

  • bail
  • excise
  • prohibition
  • sections 30(a)
  • section 32(3)
  • Bihar Prohibition and Excise Act
  • Bharatiya Nagarik Suraksha Sanhita
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.2856 of 2026
                     Arising Out of PS. Case No.-129 Year-2025 Thana- Excise Mashrakh District- Saran
                 ======================================================
                 Vishal singh Son of Shrikant singh R/o Village - Berui, P.S. - Baniyapur, Dist.
                 - Saran.
                                                                               ... ... Petitioner/s
                                                    Versus
                 The State of Bihar
                                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Ranjit Kumar Thakur, Advocate
                 For the Opposite Party/s :        Mr.Bishweshwar Ram, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   19-01-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner seeks bail in connection with

                   Mashrakh Excise P.S. Case No. 129 of 2025, instituted for the

                   offences punishable under Sections 30(a) and 32(3) of the Bihar

                   Prohibition and Excise Act.

                                3. The prosecution case, in short, is that total 129.60

                   litres liquor was recovered from car.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has falsely been implicated in the

                   present case. No incriminating material has been recovered from

                   the conscious possession of the petitioner. The petitioner has got

                   no concern with the alleged recovery of liquor. The petitioner

                   has taken the car from his friend for his personal work and he
           Patna High Court CR. MISC. No.2856 of 2026(2) dt.19-01-2026
                                                       2/2




                     has no knowledge about goods loaded on the car. The petitioner

                     is in custody since 28.11.2025 and has got no criminal

                     antecedent. There is no compliance of Section 103 of the

                     Bharatiya Nagarik Suraksha Sanhita, 2023.

                                  5. Learned APP for the State has vehemently opposed

                     the prayer for grant of bail to the petitioner.

                                  6. Considering the aforesaid facts and circumstances

                     of the case and the period of custody undergone by the

                     petitioner, this Court is inclined to grant bail to the petitioner.

                                  7. Let the petitioner be released on bail on furnishing

                     bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two

                     sureties of the like amount each to the satisfaction of Court

                     below/concerned Court in connection with Mashrakh Excise

                     P.S. Case No. 129 of 2025.



                                           (Rudra Prakash Mishra, J)
manish/-

U      T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.