Patna High Court
Abhishek Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRAVEEN KUMAR
Holding
The court held that anticipatory bail may be granted where procedural lapses exist and the petitioner is likely to be arrested, subject to a bail bond, sureties, and conditions under Section 482(2) of the B.N.S.S.
Summary
The petitioner, Abhishek Kumar Singh, sought anticipatory bail in a case registered under Section 30(a) of the Bihar Prohibition and Excise Act for the alleged possession of 95 litres of beer in his vehicle. He contended that he was merely the owner of the vehicle, that the driver was in control at the time of seizure, and that the statutory procedure under Section 105 of the B.N.S. had not been followed. The State opposed the bail, arguing that the offence was non‑bailable. The court examined the facts, noted the petitioner’s lack of criminal antecedents, and considered the procedural lapse. It ordered that anticipatory bail be granted if the petitioner surrenders within six weeks, furnishes a bail bond of Rs.10,000 with two sureties, and complies with conditions under Section 482(2) of the B.N.S.S. The application was allowed.
Issues considered
- Whether anticipatory bail can be granted in a case under Section 30(a) of the Bihar Prohibition and Excise Act.
- Whether the procedural requirements of Section 105 of the B.N.S. were complied with.
- Whether the petitioner is likely to be arrested and thus eligible for anticipatory bail.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30
- B.N.S. — s. 105
- B.N.S.S. — s. 482
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- Section 30(a)
- procedural lapse
- Section 105 B.N.S.
- Section 482(2) B.N.S.S.
- vehicle seizure
- no criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No. 34789 of 2026
Arising Out of PS. Case No.-35 Year-2025 Thana- Aunsi District- Madhubani
======================================================
Abhishek Kumar Singh S/o Sanjay Singh @ Sanjay Kumar Singh R/o Village
- Batlohia, Belahi, P.S. - Pandaul, Dist. - Madhubani.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Murari Narain Chaudhary, Advocate
For the Opposite Party/s : Mr. Rana Randhir Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
2 20-05-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in a case in
connection with Anusi P.S. Case No. 35 of 2025 dated
11.06.2025 registered for the offences punishable under Section
30(a) of the Bihar Prohibition and Excise Act.
3. As per the allegation, 95 litres of beer has been
recovered from a vehicle. Petitioner is stated to be the owner of
the vehicle.
4. Learned counsel for the petitioner has submitted
that petitioner is innocent and has falsely been implicated in this
case. It has further been submitted that petitioner happens to be
the owner of the seized vehicle, in question, from where alleged
recovery has been made. It has further been submitted that said
car was being driven by the driver of the vehicle and at the time
of search and seizure, the said vehicle was not under the control
Patna High Court CR. MISC. No. 34789 of 2026(2) dt.20-05-2026
2/2
of the petitioner. It has further been submitted that procedure
prescribed under Section 105 B.N.S. has not been followed. It
has further been submitted that the petitioner himself has
become the victim of circumstances. It has lastly been submitted
that petitioner has got no criminal antecedent.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for anticipatory bail of the petitioner.
6. Heard the parties and perused the record.
7. Considering the facts and circumstances of the
case, let the above named petitioner, in the event of his
arrest/surrender within a period of six weeks from today, be
enlarged on anticipatory bail on furnishing bail-bond of Rs.
10,000/- (Rupees ten thousand) with two sureties of the like
amount each to the satisfaction of the learned court concerned,
Madhubani in connection with Anusi P.S. Case No. 35 of 2025,
subject to conditions as laid down under section 482(2) of the
B.N.S.S.
8. The application stands allowed.
(Praveen Kumar, J)
shivam/-
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