Patna High Court

BASANT SINGHversusThe State of Bihar

Decided: 30 January 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The Court granted anticipatory bail to the petitioner subject to bond and conditions under Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita.

Summary

Basant Singh sought anticipatory bail fearing arrest in a case alleging possession of 147.78 litres of liquor and five cartridges. The prosecution charged him under the Bihar Prohibition and Excise Act, Bharatiya Nyaya Sanhita and the Arms Act. The petitioner argued he was falsely implicated, had no criminal record and that the investigation did not comply with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, thus no prima‑facie case existed. The State opposed bail. The Court, after considering the facts, granted anticipatory bail on the condition that the petitioner surrenders within six weeks and furnishes a bail bond of Rs 15,000 with two sureties, subject to the conditions of Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita.

Issues considered

Whether the petitioner is entitled to anticipatory bail in the present case
Whether a prima‑facie case exists against the petitioner under the relevant statutes
Whether the investigation complied with Section 103 of the Bharatiya Nagarika Suraksha Sanhita

Legislation cited

Arms Act — s. 26, 27, 35
Bharatiya Nyaya Sanhita — s. 109, 132, 191(2), 191(3), 324(4)

Subjects

anticipatory bail
false implication
liquor seizure
arms seizure
Section 103
Section 482
Bihar Prohibition Act
Bharatiya Nyaya Sanhita
Arms Act
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                CRIMINAL MISCELLANEOUS No.3126 of 2026
                      Arising Out of PS. Case No.-181 Year-2025 Thana- BRAHMPUR District- Buxar
                 ======================================================
                 BASANT SINGH S/O LATE SANTOSH SINGH R/o Village- Jawahi
                 (Mahaji Dera) P.s.- Brahmpur, District- Buxar, At Present Village- Jawahi
                 Diyar, P.s.- Haldi, District- Ballia, Uttar Pradesh
                                                                            ... ... Petitioner/s
                                                        Versus
                 The State of Bihar
                                                                     ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Ravi Shankar Pathak, Advocate
                 For the Opposite Party/s :       Mr. Uday Chand Prasad, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER
2   30-01-2026                     Heard learned counsel for the petitioner and learned

                   APP for the State.

                           2.      The petitioner apprehends his arrest in connection

                   with Brahmpur PS Case No. 181 of 2025 instituted for the

                   offences under Section 30(a) of the Bihar Prohibition and Excise

                   Act and Sections 191(2), 191(3), 109, 132, 324(4) of the

                   Bharatiya Nyaya Sanhita, 2023 and Sections 27, 26 & 35 of the

                   Arms Act.

                           3.      The prosecution case, in short, is that total 147.780

                   litres of liquor was recovered from roadside. It is further alleged

                   that there is recovery of five cartridges from the place of

                   occurrence.

                           4.      Learned counsel for the petitioner submitted that

                   the petitioner has falsely been implicated in the present case.
           Patna High Court CR. MISC. No.3126 of 2026(2) dt.30-01-2026
                                                       2/2




                     The name of the petitioner transpired in this case during

                     investigation. The petitioner has got no concern with the alleged

                     recovery of liquor and arms. The petitioner has no criminal

                     antecedent. There is no compliance of Section 103 of the

                     Bharatiya Nagarika Suraksha Sanhita, 2023. Learned counsel

                     for the petitioner, therefore, contends that prima-facie no case is

                     made out against the petitioner.

                             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, let the petitioner above named, in the event of

                     arrest/surrender before the learned Court below within a period

                     of six weeks from today, be released on anticipatory bail on

                     furnishing bail bonds of Rs.15,000/- (Fifteen thousand) with

                     two sureties of the like amount each to the satisfaction of Court

                     below/concerned Court in connection with Brahmpur PS Case

                     No. 181 of 2025, subject to the conditions as laid down under

                     Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita,

                     2023.



                                           (Rudra Prakash Mishra, J)
Alok Verma/-

U      T

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