Patna High Court

Om Prakash SinghversusThe State of Bihar

Decided: 27 January 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The court granted bail to the petitioner, finding that his clean antecedent and lack of incriminating material outweighed the prosecution’s case.

Summary

The petitioner, Om Prakash Singh, applied for bail in a case under Sections 30(a) and 41 of the Bihar Prohibition and Excise Act, where 168 litres of illicit liquor were recovered from a bus. The prosecution alleged that the liquor was being transported in the vehicle, while the petitioner claimed he was merely a co‑driver unaware of the contraband and had no incriminating material in his possession. He also highlighted his clean criminal record and the alleged non‑compliance of Section 103 of the BNSS, 2023. The State opposed bail, but the court considered the petitioner’s innocence, lack of evidence, and short period of custody. Consequently, the court granted bail on a bond of Rs.15,000 with two sureties and imposed conditions regarding family surety and regular court appearances.

Issues considered

Whether bail should be granted to the petitioner under Sections 30(a) and 41 of the Bihar Prohibition and Excise Act given the facts of the case
Whether the non‑compliance of Section 103 of the BNSS, 2023 affects the bail decision

Legislation cited

BNSS, 2023 — s. 103

Subjects

bail
prohibition law
excise
illicit liquor
clean antecedent
co‑driver
Section 103
BNSS

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                CRIMINAL MISCELLANEOUS No.4617 of 2026
                   Arising Out of PS. Case No.-1669 Year-2025 Thana- AHIYAPUR District- Muzaffarpur
                 ======================================================
                 Om Prakash Singh S/o Surydev Singh @ Suryadev Singh @ Suryadev
                 Prakash Singh Resident of village - Champapur Agerar, Champapur Agrail,
                 P.s. - Balingo (Baligaon), Distt.- Vaishali, Bihar


                                                                                  ... ... Petitioner/s
                                                       Versus

                 The State of Bihar


                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Hemant Ray, Advocate
                 For the Opposite Party/s :       Mr. Gauri Shankar Gupta, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   27-01-2026             Heard learned counsel for the petitioner and learned APP

                   for the State.

                           2.       The petitioner seeks bail in connection with

                   Ahiyapur PS Case No. 1669 of 2025 instituted for the offences

                   under Section/s 30(a) & 41 of the Bihar Prohibition and Excise

                   Act.

                           3.       The prosecution case, in short, is that 168 liters

                   liquor was recovered from Bus.

                           4.       Learned counsel for the petitioner submits that the

                   petitioner is innocent and has falsely been implicated in the

                   present case. No incriminating material has been recovered from

                   the conscious possession of the petitioner. The petitioner has got
Patna High Court CR. MISC. No.4617 of 2026(2) dt.27-01-2026
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          no concern with the alleged recovery of liquor. It is submitted

          that name of the petitioner has surfaced in this case as being co-

          driver of the vehicle in question and he was oblivious of the fact

          that illicit liquor was laden in the vehicle. The petitioner is in

          custody since 04.12.2025 and has got no criminal antecedent/s.

          There is no compliance of Section 103 of the BNSS, 2023.

                  5.      Learned A.P.P. 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, clean antecedent of the petitioner and the period of

          custody undergone by the petitioner, this Court is inclined to

          grant bail to the petitioner.

                  7.      Let the petitioner be released on 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 Ahiyapur PS Case

          No. 1669 of 2025, subject to the following conditions:

                  (I) One of the bailors shall be own/close member of the

          family of the petitioner.

                  (II) The petitioner shall appear on each and every date

          fixed at the trial. In case of default in such appearance on two

          consecutive dates, the Trial Court will have liberty to cancel the
           Patna High Court CR. MISC. No.4617 of 2026(2) dt.27-01-2026
                                                       3/3




                     bail bonds of the petitioner.



                                                                  (Rudra Prakash Mishra, J)
Raj Kishore/-

U      T

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