Patna High Court
Vishal Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court grants bail to the petitioner.
Summary
The petitioner, Vishal Kumar Singh, was arrested on suspicion after 201 litres of liquor were recovered from an open field, and a bail application was filed under Section 30(a) of the Bihar Prohibition and Excise Act. The petitioner claimed innocence, arguing that no incriminating material was found on him, that the liquor was in a public area, and that he had no prior criminal record. The State opposed the bail, but the court noted the lack of substantive evidence, the prolonged custody since 11‑12‑2025, and the non‑compliance of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. Considering these factors, the court decided to grant bail. The petitioner was ordered to furnish a bail bond of Rs. 15,000 with two sureties of the same amount.
Issues considered
- Whether bail should be granted to the petitioner under Section 30(a) of the Bihar Prohibition and Excise Act given the circumstances of arrest and evidence.
- Whether the non‑compliance of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, affects the bail decision.
Legislation cited
Subjects
- bail
- excise
- prohibition act
- Section 30(a)
- suspicion
- custody
- Bharatiya Nagarik Suraksha Sanhita
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8211 of 2026
Arising Out of PS. Case No.-1512 Year-2025 Thana- Excise P.S. District- Gaya
======================================================
Vishal Kumar Singh Son of Vinod Singh Resident of Village- Katorwa, P.S.-
Bodhgaya, District-Gaya
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Surendra Kumar Singh, Advocate
Ms. Priya, Advocate
Mr. S. Hafez Ahmad, Advocate
For the Opposite Party/s : Mr. Akbar Ali, 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 connection with Excise
Thana Sadar P.S. Case No. 1512 of 2025, instituted for the
offences punishable under Section 30(a) of the Bihar Prohibition
and Excise Act.
3. The prosecution case, in short, is that 201 liters
liquor was recovered from an open field and the petitioner was
arrested on spot.
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
Patna High Court CR. MISC. No.8211 of 2026(2) dt.10-02-2026
2/2
the conscious possession of the petitioner. The petitioner has got
no concern with the alleged recovery of liquor. Learned counsel
for the petitioner also submitted that the alleged recovery has
been made from an open place and the same is easily accessible
to the public at large. It is further submitted that the petitioner
has been arrested only on the basis of suspicion. The petitioner
is in custody since 11.12.2025 and has got no criminal
antecedent. 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
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 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 Thana Sadar
P.S. Case No. 1512 of 2025.
(Rudra Prakash Mishra, J)
Rajorshi/-
U T
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