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Patna High Court

Abhishek Kumar SinghversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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/-

U      T


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