Patna High Court
Prahlad SinghversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
Provisional anticipatory bail is granted to the petitioner subject to the conditions laid down under Section 482(2) of the B.N.S.S.
Summary
The petitioner, Prahlad Singh, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Prohibition and Excise Act for alleged recovery of 81 litres of liquor from two motorcycles, one of which he owned. He contended that he was not present at the spot of seizure, had no conscious possession of the liquor, and was unaware that another individual, Lalji Yadav, would misuse his vehicle. The State opposed the bail, arguing the seriousness of the offence. The High Court, after considering the submissions, granted provisional anticipatory bail conditioned on a bail‑bond of Rs.5,000 with two sureties and subject to Section 482(2) of the B.N.S.S. The order directed the trial court to verify the petitioner’s criminal antecedent and stipulated that if more than one prior case is found, the bail would not be confirmed. The application for anticipatory bail was therefore allowed.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under the circumstances of alleged involvement in an offence under Section 30(a) of the Bihar Prohibition and Excise Act
- Whether the conditions imposed under Section 482(2) of the B.N.S.S. are appropriate for granting provisional anticipatory bail
Legislation cited
- B.N.S.S. — s. 482(2)
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- Section 30(a)
- Section 482(2)
- vehicle ownership
- criminal antecedent
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90487 of 2025
Arising Out of PS. Case No.-178 Year-2024 Thana- MADHEPUR District- Madhubani
======================================================
Prahlad Singh Son of Bablu Lal Singh @ Ram Babu Singh Resident of
Village - Jamuyarahi, P.S.- Marauna, District- Supaul
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ramchandra Jha Raman, Advocate
For the Opposite Party/s : Mr. Braj Kishore Pd., APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 08-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. Petitioner apprehends his arrest in a case registered
for the offence punishable under Section 30(a) of Bihar
Prohibition and Excise Act.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of one case and allegation is of
recovery of 81 litres of liquor from two motorcycles. It is next
submitted that petitioner was not arrested from the spot, as such,
nothing was recovered from his conscious possession and he
came to be implicated based on the fact that he is owner of one
of the seized vehicles. It is next submitted that no prudent
person would use his own vehicle for committing an occurrence
and thus, would create evidence against himself and hence,
Patna High Court CR. MISC. No.90487 of 2025(2) dt.08-01-2026
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would get implicated. It is also submitted that petitioner was
completely unaware that Lalji Yadav would misuse the vehicle
in the manner as alleged who was also apprehended from the
spot.
4. Learned A.P.P. opposes the anticipatory bail
application.
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, is directed to be released on
provisional anticipatory bail on his furnishing bail-bond in the
sum of Rs.5,000/- (Rupees Five Thousand) with two sureties of
the like amount each to the satisfaction of the learned Special
Judge Excise Act, Jhanjharpur, District Madhubani in
connection with Madhepur P.S. Case No.178 of 2024, subject to
the conditions laid down under Section 482(2) of the B.N.S.S.
6. The application stands allowed.
7. It is made clear that the learned trial Court after
accepting the provisional bail bonds of the petitioner shall verify
the criminal antecedent of the petitioner and in the event, if it is
found that petitioner has antecedent of more than one case, then
it would be presumed that petitioner for the purposes of
Patna High Court CR. MISC. No.90487 of 2025(2) dt.08-01-2026
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obtaining anticipatory bail had concealed his antecedent before
this Court, in that event, the present provisional anticipatory bail
order shall not be confirmed, but if on verification, it is found
that petitioner has antecedent of only one case, in that event, the
provisional anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Sanjay/-
U T
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