Basant Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3126 of 2026 Arising Out of PS. Case No.-181 Year-2025 Thana- BRAHMPUR District- Buxar ====================================================== BASANT SINGH S/O LATE SANTOSH SINGH R/o Village- Jawahi (Mahaji Dera) P.s.- Brahmpur, District- Buxar, At Present Village- Jawahi Diyar, P.s.- Haldi, District- Ballia, Uttar Pradesh ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ravi Shankar Pathak, Advocate For the Opposite Party/s :

Mr. Uday Chand Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 30-01-2026 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner apprehends his arrest in connection with Brahmpur PS Case No. 181 of 2025 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act and Sections 191(2), 191(3), 109, 132, 324(4) of the Bharatiya Nyaya Sanhita, 2023 and Sections 27, 26 & 35 of the Arms Act.

3.

The prosecution case, in short, is that total 147.780 litres of liquor was recovered from roadside. It is further alleged that there is recovery of five cartridges from the place of occurrence.

4.

Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case.

Patna High Court CR. MISC. No.3126 of 2026(2) dt.30-01-2026 2/2 The name of the petitioner transpired in this case during investigation. The petitioner has got no concern with the alleged recovery of liquor and arms. The petitioner has no criminal antecedent. There is no compliance of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023. Learned counsel for the petitioner, therefore, contends that prima-facie no case is made out against the petitioner.

5.

Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case, let the petitioner above named, in the event of arrest/surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.15,000/- (Fifteen thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Brahmpur PS Case No. 181 of 2025, subject to the conditions as laid down under Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023.

(Rudra Prakash Mishra, J) Alok Verma/- U T