Patna High Court
Bhuvneshwar Singh @ Muneshwar Prasad SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
Bail was granted to the petitioner subject to a monetary bond and specific conditions.
Summary
The petitioner, Bhuvneshwar Singh, was arrested in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act for allegedly possessing 5 litres of liquor recovered from a public place. He contended that he had no knowledge of the liquor, no incriminating material was found on him, and that the police had falsely implicated him. The State opposed bail, citing the petitioner’s three prior criminal antecedents and the alleged non‑compliance with Section 103 of the Bihar Narcotic Substances (B.N.S.S.) Act, 2023. The Court examined the facts, the length of custody since 14‑12‑2025, and the lack of direct evidence linking the petitioner to the liquor. Considering these circumstances, the Court granted bail subject to a bond of Rs.15,000 with two sureties and specific conditions regarding appearance, non‑tampering with evidence, and refraining from similar offences. The bail order was conditioned on compliance with the stipulated terms and allowed the trial court to cancel the bail if violated.
Issues considered
- Whether bail should be granted to a person accused under Section 30(a) of the Bihar Prohibition and Excise Act despite prior criminal antecedents.
- Whether the alleged non‑compliance with Section 103 of the Bihar Narcotic Substances (B.N.S.S.) Act, 2023, warrants denial of bail.
- Whether the absence of incriminating material in the petitioner’s possession justifies bail.
Subjects
- bail
- prohibition law
- excise
- Section 30(a)
- Bihar Prohibition and Excise Act
- Section 103
- Bihar Narcotic Substances Act
- criminal antecedents
- court conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7993 of 2026
Arising Out of PS. Case No.-196 Year-2025 Thana- TIKAPATTI District- Purnia
======================================================
Bhuvneshwar Singh @ Muneshwar Prasad Singh S/O Late Parmeshwar Singh
R/O Village- Koshkipur, P.S- Tikapatti, Distt.- Purnea.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sumit Kumar Bhagat, Advocate
For the Opposite Party/s : Mr.Shyam Bihari Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 10-02-2026 Heard learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks bail in Tikapatti P.S. case No.
196 of 2025 instituted for the offences under Section 30(a) of
the Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that 5 liters liquor
was recovered from plastic gallon.
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 no concern with the alleged recovery of liquor. It is
further submitted that recovery has been made from an open
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place accessible to public at large. The petitioner has been
falsely implicated by the police with ulterior motive. The
petitioner is in custody since 14.12.2025 and has got three
criminal antecedents. 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.
6. Considering the aforesaid facts and circumstances
of the case 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, after framing
of charge, if not already framed, 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 Tikapatti P.S. case No. 196 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 and shall not remain absent on two consecutive
dates without sufficient cause.
(III) The petitioner will not tamper with the evidence
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or the witnesses during the trial.
(IV) Petitioner shall not commit offence of similar
nature in future.
If any of the above conditions are violated, the Trial
Court shall be at liberty to cancel the bail bonds of the
petitioner.
(Rudra Prakash Mishra, J)
Pankaj/-
U T
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