Created by Fuzzy Cloud

Patna High Court

Bhuvneshwar Singh @ Muneshwar Prasad SinghversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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
Patna High Court CR. MISC. No.7993 of 2026(2) dt.10-02-2026
                                            2/3




          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
           Patna High Court CR. MISC. No.7993 of 2026(2) dt.10-02-2026
                                                       3/3




                     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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.