Patna High Court
Anubhav Singh @ Bholu Singh @ AbhinavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
Bail was granted to the petitioner.
Summary
The petitioner, Anubhav Singh, sought bail in a case (Brahmpur P.S. Case No. 205/2025) for alleged offences under Section 30(a) of the Bihar Prohibition and Excise Act, where 419.6 litres of liquor were recovered from a vehicle. The petitioner argued that he was falsely implicated, that no incriminating article was found in his possession, and that his name was linked to the case only through a chowkidar’s disclosure, with no connection to the vehicle. He had been in custody since 12‑12‑2025 and possessed one prior criminal antecedent, and the prosecution had not complied with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023. The State opposed bail. Considering the lack of direct evidence, the duration of custody, and the statutory non‑compliance, the Court granted bail, ordering a bond of Rs.15,000 with two sureties of equal amount.
Issues considered
- Whether bail should be granted to the petitioner under Section 30(a) of the Bihar Prohibition and Excise Act given the facts of the case
- Whether the non‑compliance with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, warrants bail
Legislation cited
Subjects
- bail
- prohibition law
- excise
- false implication
- criminal antecedent
- surety
- Section 30
- Section 103
- Bihar
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5043 of 2026
Arising Out of PS. Case No.-205 Year-2025 Thana- BRAHMPUR District- Buxar
======================================================
Anubhav Singh @ Bholu Singh @ Abhinav Son of Late Chotak Singh @
Gopalji Singh R/o- Mahaji ke Dera, P.S.- Haldi, Dist- Baliya (U.P.).
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shashank Shekhar, Advocate
For the Opposite Party/s : Mrs. Renu Kumari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 29-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
Brahmpur P.S. Case No. 205/2025 instituted for the offences
punishable under Section 30(a) of the Bihar Prohibition and
Excise Act.
3. The prosecution case, in short, is that total 419.6
litres of liquor was recovered from car.
4. Learned counsel for the petitioner submitted that the
petitioner has falsely been implicated in the present case. No
incriminating article has been recovered from the conscious
possession of the petitioner. The name of the petitioner has
transpired on the basis of the disclosure made by local
Patna High Court CR. MISC. No.5043 of 2026(2) dt.29-01-2026
2/2
chowkidar. Learned counsel further submitted that petitioner is
in no manner connected with the vehicle in question or with the
alleged recovery of liquor. The petitioner is in custody since
12.12.2025 and has one criminal antecedent. There is no
compliance of Section 103 of the Bharatiya Nagarika Suraksha
Sanhita, 2023.
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 as also 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/- ( Rupees Fifteen Thousand) with two
sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with Brahmpur P.S. Case
No. 205/2025.
(Rudra Prakash Mishra, J)
atul/-
U T
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