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Patna High Court

Prahlad SinghversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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
                                                           3/3




                         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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