Patna High Court

Wakil SinghversusThe State of Bihar

Decided: 4 February 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The Court held that anticipatory bail should be granted to the petitioner, subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Summary

Wakil Singh was implicated in an excise case (No. 818 of 2025) for allegedly transporting 980 litres of spirit, alleged under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act. The petitioner contended that he was merely the owner of the vehicle, had no knowledge of the contraband, was not present at the scene, and had no prior criminal record. He also pointed out that co‑accused had already been granted regular bail and that the State had not complied with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The State opposed the bail. The Court, after considering the facts, ordered that the petitioner be released on anticipatory bail upon furnishing a bail bond of Rs.15,000 with two sureties, subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Issues considered

Whether anticipatory bail should be granted to the petitioner under the circumstances.
Whether the petitioner is prima facie innocent and not likely to flee or tamper with evidence.
Whether non‑compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, affects the bail application.

Legislation cited

Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 103, 482(2)

Subjects

anticipatory bail
excise law
spirit seizure
vehicle ownership
bail conditions
Section 30
Section 32
Section 103
Section 482
Bihar

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.6456 of 2026
                     Arising Out of PS. Case No.-818 Year-2025 Thana- Excise P.S. District- Aurangabad
                 ======================================================
                 Wakil Singh S/o Late Ram Singh R/o Village- Dhirajganj Gamhariya, P.S-
                 Aditpur, Dist- Seraikela Kharsawar, Jharkhand.


                                                                                      ... ... Petitioner/s
                                                         Versus
                 The State of Bihar


                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr. Bindeshwar Prasad Singh, Advocate
                 For the Opposite Party/s :         Mr. Choubey Jawahar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   04-02-2026                            Heard Mr. Bindeshwar Prasad Singh, learned

                   counsel for the petitioner and Mr. Choubey Jawahar, learned

                   APP for the State.

                                2. The petitioner apprehends arrest in connection with

                   Excise P.S. Case No. 818 of 2025, registered under Sections

                   30(a) and 32(3) of the Bihar Prohibition and Excise Act.

                                3. The prosecution case, in short, is that 980 liters

                   spirit was recovered from pick-up vehicle.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has falsely been implicated in the

                   present case. The petitioner has got no concern with the alleged
Patna High Court CR. MISC. No.6456 of 2026(2) dt.04-02-2026
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          recovery of spirit. Learned counsel for the petitioner also

          submitted that the petitioner was not present at the place of

          occurrence. Name of the petitioner has transpired in this case as

          being owner of the vehicle in question and he has got no

          knowledge with regard to the nature of goods carried in his

          vehicle. Learned counsel for the petitioner, therefore, contends

          that prima-facie, no case is made out against the petitioner. The

          petitioner has got no criminal antecedent. Learned counsel for

          the petitioner further submits that other co-accused have been

          granted regular bail by this Court vide order dated 30.10.2025

          passed in Cr. Misc. No. 74012 of 2025. There is no compliance

          of Section 103 of the Bharatiya Nagarik 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,

          let the petitioner, above named in the event of arrest/surrender

          before the learned Court below within a period of six weeks

          from today, be released on anticipatory 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 Excise P.S. Case No.
             Patna High Court CR. MISC. No.6456 of 2026(2) dt.04-02-2026
                                                         3/3




                       818 of 2025, subject to the conditions as laid down under

                       Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita,

                       2023.



                                                                    (Rudra Prakash Mishra, J)
Rajorshi/-

U       T

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