Wakil Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6456 of 2026 Arising Out of PS. Case No.-818 Year-2025 Thana- Excise P.S. District- Aurangabad ====================================================== Wakil Singh S/o Late Ram Singh R/o Village- Dhirajganj Gamhariya, P.SAditpur, Dist- Seraikela Kharsawar, Jharkhand. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bindeshwar Prasad Singh, Advocate For the Opposite Party/s :

Mr. Choubey Jawahar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 04-02-2026 Heard Mr. Bindeshwar Prasad Singh, learned counsel for the petitioner and Mr. Choubey Jawahar, learned APP for the State.

2. The petitioner apprehends arrest in connection with Excise P.S. Case No. 818 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 980 liters spirit was recovered from pick-up vehicle.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. The petitioner has got no concern with the alleged

Patna High Court CR. MISC. No.6456 of 2026(2) dt.04-02-2026 2/3 recovery of spirit. Learned counsel for the petitioner also submitted that the petitioner was not present at the place of occurrence. Name of the petitioner has transpired in this case as being owner of the vehicle in question and he has got no knowledge with regard to the nature of goods carried in his vehicle. Learned counsel for the petitioner, therefore, contends that prima-facie, no case is made out against the petitioner. The petitioner has got no criminal antecedent. Learned counsel for the petitioner further submits that other co-accused have been granted regular bail by this Court vide order dated 30.10.2025 passed in Cr. Misc. No. 74012 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.

6. Considering the aforesaid facts and circumstances, 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/- (Rupees Fifteen Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Excise P.S. Case No.

Patna High Court CR. MISC. No.6456 of 2026(2) dt.04-02-2026 3/3 818 of 2025, subject to the conditions as laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

(Rudra Prakash Mishra, J) Rajorshi/- U T