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Patna High Court

Prahlad Kumar Singh @ Pramod SinghversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

Provisional anticipatory bail was granted, subject to verification of the petitioner’s antecedent cases, with confirmation contingent on finding no more than two prior cases.

Summary

The petitioner, Prahlad Kumar Singh, sought anticipatory bail fearing arrest in a case registered under Sections 30(a), 41(1), 31(1) and 31(2) of the Bihar Prohibition and Excise (Amendment) Act, 2022, alleging recovery of 5,385.12 litres of liquor from a truck and a car. He contended that he was not in possession of the seized vehicles, was not the owner, and was implicated solely on the testimony of a chowkidar, raising doubts about the propriety of the investigation. The State opposed the bail, arguing the seriousness of the offences. The Court granted provisional anticipatory bail on the condition that the petitioner furnish a bail bond of Rs.10,000 with two sureties and appear before the trial court within six weeks. The order further directed the trial court to verify the petitioner’s criminal antecedents, stating that if more than two prior cases are found, the bail would not be confirmed, whereas confirmation would follow if only two antecedents are verified.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail in a case under the Bihar Prohibition and Excise (Amendment) Act, 2022.
  • Whether the reliance on a chowkidar's testimony without seizure from the petitioner’s possession justifies denial of bail.
  • How the petitioner’s prior criminal antecedents affect the grant and confirmation of anticipatory bail.

Subjects

  • anticipatory bail
  • excise law
  • liquor seizure
  • bail conditions
  • criminal antecedents
  • Bihar Prohibition and Excise Act

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.83385 of 2025
                     Arising Out of PS. Case No.-218 Year-2025 Thana- PANDAUL District- Madhubani
                 ======================================================
                 Prahlad Kumar Singh @ Pramod Singh S/o- Vishwanath Prasad Singh @
                 Bishwanath Singh R/o - Kaluahi, Ward No.05, P.S - Kaluahi, District -
                 Madhubani, Bihar

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Sanjay Kumar Jha
                 For the Opposite Party/s :       Mr. Uma Shankar Prasad Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

3   21-01-2026                  1. Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. The petitioner apprehends his arrest in a case

                   registered for the offence punishable under Sections 30(a),

                   41(1), 31(1) and 31(2) of Bihar Prohibition and Excise

                   (Amendment) Act, 2022.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of two cases under the Excise Act and

                   allegation is of recovery of 5385.12 litres of liquor from a truck

                   and a car. It is next submitted that petitioner was not arrested

                   from the spot as such nothing was recovered from his conscious

                   possession and is not the owner of any of the seized vehicle and

                   he came to be implicated at the instance of chowkidar but then it
Patna High Court CR. MISC. No.83385 of 2025(3) dt.21-01-2026
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          is submitted that if chowkidar was aware of the involvement of

          the petitioner in the occurrence then why he did not inform the

          police prior to institution of the instant FIR which casts an

          aspersion on the case of the prosecution. It is also submitted that

          once an accused is implicated in a case relating to excise, the

          police starts implicating mechanically either through chowkidar,

          local person, confessional statement or secret information

          without holding a proper investigation.

                       4. Learned A.P.P. for the State opposes the prayer for

          anticipatory bail of the petitioner.

                       5. Considering the submissions made by the learned

          counsel for the petitioner, the petitioner above-named, in the

          event of his arrest or surrender before the learned Court below

          within a period of six weeks from today, be released on

          provisional anticipatory bail on furnishing bail bonds of

          Rs.10,000/- (Rupees ten thousand) with two sureties of the like

          amount each to the satisfaction of the learned trial court where

          the case is pending/successor court in connection with Pandaul

          P.S. Case No.218/2025, subject to the conditions as laid down

          under Section 482(2) of the B.N.S.S.

                       6. It is made clear that the learned trial court thereafter

          shall verify the criminal antecedents of the petitioner and in the
             Patna High Court CR. MISC. No.83385 of 2025(3) dt.21-01-2026
                                                         3/3




                       event if it is found that petitioner has antecedent of more than

                       two cases, in that event, it would be presumed that petitioner

                       had concealed his antecedent before this court, as such, the

                       provisional anticipatory bail order shall not be confirmed but if

                       on verification it is found that petitioner has antecedent of two

                       cases, in that event the provisional anticipatory bail order shall

                       be confirmed forthwith.



                                                 (Satyavrat Verma, J)
amit/-

U        T


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