Patna High Court

Prince Kumar Singh @ Prince RaiversusThe State of Bihar

Decided: 15 January 2026
Disposal: BAIL REJECTED
Bench: R P MISHRA

Holding

The Court held that anticipatory bail could not be granted to the petitioner.

Summary

Prince Kumar Singh sought anticipatory bail fearing arrest in an excise case where 504 litres of liquor were seized from a Scorpio car. He contended he was neither the owner nor driver and that his name was implicated only through a co-accused's confessional statement, which he argued lacked evidentiary value. The State opposed bail, highlighting the co-accused’s confession and the petitioner’s eight prior criminal convictions. The Court examined the seriousness of the offence, the petitioner’s criminal antecedents, and the lack of compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. Concluding that the circumstances did not merit anticipatory bail, the Court rejected the petition and directed the petitioner to surrender and apply for regular bail before the lower court.

Issues considered

Whether the petitioner is entitled to anticipatory bail under the applicable law.
Whether a confessional statement of a co-accused can be the basis to deny anticipatory bail.
Whether the petitioner’s eight criminal antecedents preclude the grant of anticipatory bail.
Whether non‑compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, affects the bail decision.

Legislation cited

Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 103

Subjects

anticipatory bail
excise law
criminal antecedents
confessional statement
Bihar Prohibition and Excise Act
Bharatiya Nagarik Suraksha Sanhita
bail jurisprudence

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.87331 of 2025
                       Arising Out of PS. Case No.-386 Year-2025 Thana- Excise P.S. District- Siwan
                 ======================================================
                 Prince Kumar Singh @ Prince Rai Son of Aswani Kumar Ray Resident of
                 Village- Pipra, P.S.- Nautan, District- Siwan

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mrs. Priyanka Kumari, Advocate
                 For the Opposite Party/s :        Mrs. Pushpa Sinha.1, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   15-01-2026                            Heard learned counsel for the petitioner and

                   learned APP for the State.

                                2. The petitioner apprehends arrest in connection with

                   Siwan Excise P.S. Case No. 386 of 2025, registered under

                   Sections 30(a) and 32(3) of the Bihar Prohibition and Excise

                   Act.

                                3. The prosecution case, in short, is that 504 liters

                   liquor was recovered from Scorpio car.

                                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. Learned counsel
Patna High Court CR. MISC. No.87331 of 2025(2) dt.15-01-2026
                                            2/3




          for the petitioner also submits that the petitioner is neither

          owner nor driver of the car in question. Name of the petitioner

          has transpired in this case on the basis of confessional statement

          made by co-accused, namely, Manjesh Pandey and the same has

          got no evidentiary value. The petitioner has got eight criminal

          antecedents. Learned counsel for the petitioner further submits

          that other co-accused has been granted regular bail by this Court

          vide order dated 06.08.2025 passed in Cr. Misc. No. 51920 of

          2025. 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 and submits that the

          involvement of the petitioner has been confessed by the co-

          accused person. It is further submitted that the petitioner bears

          eight criminal antecedents. Hence, the petitioner does not

          deserve the privilege of anticipatory bail.

                       6. Considering the aforesaid facts and circumstances

          of the case, criminal antecedent, nature and gravity of the

          offence, this Court is not inclined to grant anticipatory bail to

          the petitioner.

                       7. The prayer is rejected. However, the petitioner is

          directed to surrender in the Court below and pray for regular
             Patna High Court CR. MISC. No.87331 of 2025(2) dt.15-01-2026
                                                         3/3




                       bail. If any such application is filed, the Court below shall

                       consider and dispose of the same on its own merit without being

                       prejudiced by this order.



                                                                   (Rudra Prakash Mishra, J)
Rajorshi/-

U       T

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