Patna High Court
Vishal singhversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
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
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.