Patna High Court
Himanshu Singh @ Himansdhu Singh @ BabluversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted anticipatory bail to the petitioner subject to surrender, bail bond, sureties and a condition not to indulge in similar offences.
Summary
The petitioner, Himanshu Singh, filed an anticipatory bail application fearing arrest in a case (PS Case No. 280 of 2025) under Section 30(a) of the Bihar Prohibition & Excise Act, where his name appeared only in the confessional statements of co‑accused Sanjay Ram and Akshay Kumar. He asserted innocence, claiming no possession of liquor and no direct evidence against him. The State opposed bail, highlighting the petitioner’s two pending criminal cases for which he is already on bail. After hearing both sides, the court granted anticipatory bail, directing the petitioner to surrender within four weeks and to furnish a bail bond of Rs 10,000 with two sureties, imposing a condition that he not commit similar offences, under Section 482(2) of the B.N.S.S.
Issues considered
- Whether anticipatory bail can be granted when the petitioner’s alleged involvement is based solely on co‑accused confessional statements.
- Whether the petitioner’s prior criminal antecedents and existing bail in other cases preclude the grant of anticipatory bail.
- Whether the conditions imposed under Section 482(2) of the B.N.S.S. are appropriate and sufficient.
Legislation cited
- B.N.S.S. — s. 482(2)
Subjects
- anticipatory bail
- Bihar Prohibition & Excise Act
- confessional statement
- prior criminal antecedent
- bail conditions
- Section 482(2) B.N.S.S.
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5837 of 2026
Arising Out of PS. Case No.-280 Year-2025 Thana- DURGAWATI District- Kaimur (Bhabua)
======================================================
Himanshu Singh @ Himansdhu Singh @ Bablu S/o Late Bahadur Singh R/o
Village- Lakhanu Sarai, PS- Sasaram Town, or Darigaon, Dist- Rohtas
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Babu Nandan Prasad, Advocate
For the Opposite Party/s : Mr. Damodar Prasad Tiwary, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 09-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The instant application for anticipatory bail has
been filed by the petitioner apprehending his arrest in
connection with Durgawati P.S. Case No. 280 of 2025 instituted
for the offence under Section 30(a) of the Bihar Prohibition &
Excise Act.
3. The case of the prosecution in short is that the name
of this petitioner has surfaced in the confessional statement of
co-accused namely, Sanjay Ram who was apprehended on
bolero vehicle and from the said vehicle, 397.90 liters of
country-made foreign liquor was recovered.
4. Learned counsel appearing on behalf of the
Patna High Court CR. MISC. No.5837 of 2026(2) dt.09-02-2026
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petitioner has submitted that petitioner is innocent and has
committed no offence. He has falsely been implicated in this
case. He also submits that nothing has been recovered from the
possession of this petitioner. The name of this petitioner has
surfaced only in the confessional statement of co-accused
namely, Sanjay Ram and Akshay Kumar.
5. In contra, learned APP appearing for the State has
opposed the prayer of bail of the petitioners and submits that the
petitioner is having criminal antecedent of two cases where he is
on bail in those cases.
6. Having heard learned counsel for the parties and in
the facts and circumstances of the case as stated above, this
Court is inclined to enlarge the petitioners on bail with a
condition that the petitioner shall not indulge in similar
nature of offences in future. The petitioner is directed to
surrender in the Court below within a period of four weeks from
today and in the event of his arrest or surrender in connection
with Durgawati P.S. Case No. 280 of 2025, he will be enlarged
on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten
thousand) with two sureties of the like amount each to the
satisfaction of learned Special Judge, Excise-II, Kaimur at
Bhabhua subject to the conditions as laid down under section
Patna High Court CR. MISC. No.5837 of 2026(2) dt.09-02-2026
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482(2) of the B.N.S.S.
(Ashok Kumar Pandey, J)
Sudhanshu/-
U T
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