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Patna High Court

Vishal Kumar SinghversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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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