Patna High Court
Vinod SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The court granted anticipatory bail to the petitioner.
Summary
Vinod Singh was implicated in a case under Section 30(a) of the Bihar Prohibition and Excise Act after 201 litres of illicit liquor were recovered from an open field. The prosecution alleged his involvement, but no incriminating material was found in his possession and he asserted a clean antecedent. He applied for anticipatory bail, arguing that the recovery was from a public place and that he was merely a suspect. The State opposed the bail. The Patna High Court, considering the nature of the accusation, the open‑field recovery, and the petitioner’s clean record, granted anticipatory bail with a bond of Rs.10,000 and two sureties, subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.
Issues considered
- Whether anticipatory bail can be granted when the alleged contraband is recovered from an open field and no material is found on the accused.
- Whether the nature of the offence under Section 30(a) of the Bihar Prohibition and Excise Act justifies denial of anticipatory bail.
- Whether conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita are applicable to the grant of anticipatory bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
Subjects
- anticipatory bail
- excise law
- illicit liquor
- Section 30(a)
- clean antecedent
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28570 of 2026
Arising Out of PS. Case No.-1512 Year-2025 Thana- Excise P.S. District- Gaya
======================================================
Vinod Singh S/O Late Baijnath Singh Resident of Village- Katorwa, P.S.-
Bodhgaya, District- Gaya,
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Gajendra Kumar Singh, Advocate
For the Opposite Party/s : Mr. Manoj Kumar, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 30-04-2026 Heard learned counsel for the petitioner and the State.
2. Petitioner apprehends arrest in a case registered for
the offence punishable under Section 30(a) of the Bihar
Prohibition and Excise Act.
3. As per prosecution case, 201 litres illicit liquor was
recovered from an open field.
4. Learned counsel for the petitioner submits that no
incriminating material has been recovered from conscious
possession of the petitioner. Petitioner has got no concern with
the alleged recovery and he has been made accused in this case
merely on suspicion. Recovery has been made from an open
place, accessible to one and all. Petitioner claims clean
antecedent.
5. Learned A.P.P. for the State opposed the bail
Patna High Court CR. MISC. No.28570 of 2026(2) dt.30-04-2026
2/2
application.
6. Considering nature of accusation, place of recovery
and clean antecedent, this anticipatory bail is allowed and it is
ordered that let the above named petitioner in the event of his
arrest/surrender before the court below within a period of eight
weeks from today, be enlarged on bail on furnishing bail-bond
of Rs. 10,000/- (ten thousand) with two sureties of the like
amount each to the satisfaction of Exclusive Special Excise
Court No. 3, Gaya in connection with Gaya Excise P. S. Case
No. 1512 of 2025, subject to condition as laid down under
Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.
(Prabhat Kumar Singh, J)
Navya/-
U T
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