Patna High Court
Prem Singh @ Prem Chandra Singh @ Prem KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- HARISH KUMAR
Holding
The Court held that mere antecedent cannot be the sole ground to reject anticipatory bail and, owing to lack of material evidence and procedural deficiencies, anticipatory bail was granted.
Summary
Prem Singh applied for anticipatory bail after police raided his village and recovered 58.26 litres of illicit wine under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022. The petitioner was identified solely by a village chaukidar and his prior three convictions for similar offences, with no material linking him to the seized wine. The State opposed bail, citing the recovery and the petitioner’s antecedents. The Court observed serious deficiencies in the search and seizure and noted that Section 76(2) of the Act was not attracted due to lack of evidence. It held that past criminal history alone cannot justify denial of anticipatory bail. Consequently, the Court granted anticipatory bail subject to bond and surety conditions and a family‑member surety requirement.
Issues considered
- Whether anticipatory bail can be denied on the basis of past criminal antecedents without concrete evidence of involvement in the present offence.
- Whether the recovery of illicit wine and identification by a village chaukidar satisfy the requirements of Section 76(2) of the Bihar Prohibition and Excise (Amendment) Act, 2022 for denial of bail.
- Whether deficiencies in the search and seizure render the material insufficient to justify refusal of anticipatory bail.
Legislation cited
- Bharatiya Nagrik Suraksha Sanhita, 2023 — s. 482(2)
- Bihar Prohibition and Excise (Amendment) Act, 2022 — s. 30(a), 76(2)
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- illicit wine
- search and seizure
- criminal antecedent
- Section 76(2)
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36277 of 2026
Arising Out of PS. Case No.-38 Year-2026 Thana- MAHNAR District- Vaishali
======================================================
Prem Singh @ Prem Chandra Singh @ Prem Kumar S/o Arvind Singh @
Arvind Kumar, Resident of Village- Chamrahara, P.S.- Mahnar, District-
Vaishali at Hajipur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Niranjan Parihar, Adv.
For the Opposite Party/s : Mr. Bishweshwar Ram, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
2 02-06-2026 Heard the learned Advocate for the petitioner and the
learned Additional Public Prosecutor for the State through
virtual mode.
2. The petitioner apprehends his arrest in connection
with Mahnar P.S. Case No. 38 of 2026, registered for the
offences punishable under Sections 30(a) of the Bihar
Prohibition and Excise (Amendment) Act, 2022.
3. Acting on a tip regarding trade of illicit wine and
concealment thereof, the police conducted raid over Chamhara.
However, noticing the police party, the persons who were
indulge in such activities succeeded in fleeing away. The local
Chaukidar disclosed their names, including the name of the
petitioner. In course of search, total 58.26 liters illicit wine was
Patna High Court CR. MISC. No.36277 of 2026(2) dt.02-06-2026
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recovered.
4. Learned Advocate for the petitioner submitted that
the very identification of the petitioner by the local Chaukidar
appears to be doubtful. In fact, the name of petitioner has been
implicated in this case only on account of his past three criminal
antecedent of identical nature. During the course of
investigation, no materials have collected which suggests the
involvement of the petitioner in crime. The petitioner has
neither any concern from the place where the recovery has been
made nor with the illicit wine. Even if the allegation is taken to
be true for the sake of argument, save and except the disclosure
made by the village Chaukidar, there is no material which
attracts the rigors provided under Section 76(2) of the Bihar
Prohibition and Excise (Amendment) Act.
5. On the other hand, learned Advocate for the State
vehemently opposed the bail application and submits that
besides three criminal of identical nature, the petitioner was
identified by village Chaukidar and there is a recovery of huge
amount of illicit wine.
6. Having considered the submissions advanced on
behalf of the learned Advocate for the respective parties and
taking note of the fact that the alleged recovery has been made
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from an open place, coupled with the fact that there is serious
deficiencies in the search and seizure as also the lack of any
ingredients, which attracts the rigors provided under Section
76(2) of the Bihar Prohibition and Excise (Amendment) Act
and, moreover, mere criminal antecedent of a person cannot be
the sole ground to reject the prayer for anticipatory bail, let the
petitioner above named be released on bail, in the event of his
arrest or surrender before the court below within a period of four
weeks from the date of receipt/production of a copy of this
order, upon furnishing bail bonds of Rs.10,000/- (ten thousand)
with two sureties of the like amount each to the satisfaction of
the learned Court Exclusive Special Excise Court No.-II-cum-
(ADJ), Vaishali at Hajipur in connection with Mahnar P.S. Case
No. 38 of 2026 subject to the conditions laid down in Section
482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023, with the
further condition that one of the bailors shall be the own/close
family members of the petitioner.
(Harish Kumar, J)
shivank/-
U T
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