Patna High Court
Mani SinghversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ALOK KUMAR PANDEY
Holding
The court granted anticipatory bail to the petitioner, subject to a bail bond and sureties, under the conditions of Section 482(2) of the BNSS.
Summary
The petitioner, Mani Singh, sought anticipatory bail after being named in an FIR for alleged contravention of Section 30(a) of the Bihar Prohibition and Excise Act, relating to the recovery of 243.360 litres of illicit liquor. The prosecution alleged that the liquor was seized from a field and that local witnesses identified the petitioner, who had fled the scene. The petitioner contended that he was innocent, the recovery site was a public open area, the FIR lacked clarity on the informant, no seizure list was prepared, and he had no prior criminal record. The State opposed the bail, arguing that the petitioner was a named accused and could not evade the allegations. Considering the petitioner’s absence from the scene, clean antecedent, and the material on record, the court ordered that, upon arrest or surrender within six weeks, the petitioner be released on anticipatory bail upon furnishing a bail bond of Rs.10,000 with two sureties, subject to conditions under Section 482(2) of the BNSS.
Issues considered
- Whether anticipatory bail can be granted to a person named in an FIR under Section 30(a) of the Bihar Prohibition and Excise Act.
- Whether the FIR and the manner of seizure establish a prima facie case against the petitioner.
- Whether the petitioner’s clean antecedent and non‑presence at the place of occurrence justify the grant of anticipatory bail.
Legislation cited
- Bihar Negotiable Securities Act — s. 482(2)
Subjects
- anticipatory bail
- illicit liquor
- Bihar Prohibition and Excise Act
- Section 30(a)
- clean antecedent
- FIR validity
- Section 482(2) BNSS
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8798 of 2026
Arising Out of PS. Case No.-246 Year-2025 Thana- BUXAR INDUSTRIAL District- Buxar
======================================================
Mani Singh Son of Bhagirathi Singh Resident of Village- Majharia, P.S.-
Buxar (Industrial), District- Buxar
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjay Kumar, Advocate
For the Opposite Party/s : Mr. Nitya Nand Tiwary, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY
ORAL ORDER
2 18-02-2026 Heard learned counsel for the petitioner and
learned A.P.P. for the State.
2. The petitioner is apprehending his arrest in
connection with Buxar (Industrial) P.S. Case No. 246 of 2025
registered for the offences punishable under Section 30(a) of the
Bihar Prohibition and Excise Act.
3. As per prosecution case, 243.360 litre illicit
liquor was recovered from the Millet field of Sachan Singh.
Local people disclosed the name of the petitioner and other who
fled away from the place of occurrence.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has committed no offence as alleged
in the FIR and he has falsely been implicated in this case. He
further submits that the place of recovery is an open place which
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is accessible to all and petitioner cannot be held liable for the
alleged recovery. He further submits that from perusal of the
F.I.R., it is not clear as to who has divulged the name of
petitioner, and hence the authenticity of the F.I.R. is doubtful.
Petitioner was not found at the place of occurrence. Seizure list
has not been made as per law. In the light of the aforesaid facts
and circumstances of the case, no case is made out against the
petitioner under the provisions of Bihar Prohibition and Excise
Act. Petitioner bears no criminal antecedent.
5. The learned A.P.P. for the State opposes the
prayer for anticipatory bail of the petitioner by submitting that
petitioner is FIR named accused and he cannot escape from the
allegation made in FIR.
6. Considering the facts and circumstances of the
case, petitioner was not found at the place of occurrence,
keeping in view clean antecedent of petitioner, argument
advanced on behalf of both sides and also taking into
consideration the material available on record, the petitioner
above-named, in the event of his arrest or surrender before the
learned trial court within a period of six weeks from today, be
released on anticipatory bail on furnishing bail bond of Rs.
10,000/- (rupees ten thousand) with two sureties of the like
Patna High Court CR. MISC. No.8798 of 2026(2) dt.18-02-2026
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amount each to the satisfaction of learned Exclusive Excise
Special Court-01, Buxar in connection with Buxar (Industrial)
P.S. Case No. 246 of 2025, subject to the conditions as laid
down under Section 482 (2)of BNSS.
7. The application stands allowed.
(Alok Kumar Pandey, J)
alok/-
U T
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