Patna High Court
Prabhat SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- R P MISHRA
Holding
Anticipatory bail was denied because the petitioner’s criminal antecedents and the failure to comply with Section 103 of the B.N.S.S., 2023 outweighed any claim of innocence.
Summary
The petitioner, Prabhat Singh, was implicated in a case under Sections 30(a) and 36 of the Bihar Prohibition and Excise Act for alleged recovery of 1,364.250 liters of liquor from a truck. He claimed innocence, stating no incriminating material was found in his possession and that he had no knowledge of the liquor. The State opposed his anticipatory bail plea, highlighting his six prior criminal convictions. The Court noted non‑compliance with Section 103 of the Bihar Narcotic Substances (Suppression) Act, 2023 and considered the petitioner’s criminal antecedents. Consequently, the Court refused anticipatory bail, directing the petitioner to surrender before the lower court and apply for regular bail there.
Issues considered
- Whether the petitioner is entitled to anticipatory bail despite having six prior criminal convictions
- Whether non‑compliance with Section 103 of the B.N.S.S., 2023 precludes the grant of anticipatory bail
Legislation cited
- Bihar Narcotic Substances (Suppression) Act, 2023 — s. 103
- Bihar Prohibition and Excise Act — s. 30(a), 36
Subjects
- anticipatory bail
- criminal antecedents
- Bihar Prohibition and Excise Act
- B.N.S.S. 2023
- Section 103 compliance
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7135 of 2026
Arising Out of PS. Case No.-524 Year-2025 Thana- JANDAHA District- Vaishali
======================================================
Prabhat Singh Son of Sakaldip Singh Resident of Village- Mohiuddinpur
Garahi, P.S.- Jandaha, District- Vaishali
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ranjit Kumar Thakur, Advocate
For the Opposite Party/s : Mrs.Pronoti Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 04-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner is apprehending arrest in Jandaha P.S.
case No. 524 of 2025 registered under Sections 30(a) and 36 of
the Bihar Prohibition and Excise Act.
3. The prosecution allegation, in short, is that
1364.250 liters liquor was recovered from truck.
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 six criminal antecedents.
No incriminating material has been recovered from the
conscious possession of the petitioner. The petitioner has got
no knowledge and concern with the alleged recovery of liquor.
Patna High Court CR. MISC. No.7135 of 2026(2) dt.04-02-2026
2/2
There is no compliance of Section 103 of B.N.S.S., 2023.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of bail to the petitioner. The
petitioner has six criminal antecedents, hence he does not
deserve privilege of anticipatory bail.
6. Considering the aforesaid facts and circumstances
and the criminal antecedents of the petitioner, this Court is not
inclined to grant anticipatory bail to the petitioner.
7. The prayer is rejected. However, the petitioner is
directed to surrender in the Court below and pray for regular
bail. If any such application is filed, the Court below shall
consider and dispose of the same on its own merit without being
prejudiced by this order.
(Rudra Prakash Mishra, J)
Pankaj/-
U T
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