Patna High Court

Bhuar RamversusThe State of Bihar

Decided: 15 January 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

Anticipatory bail is granted to the petitioner subject to the conditions prescribed under Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023.

Summary

The petitioner, Bhuar Ram, feared arrest in a case (PS No. 387 of 2025) alleging violation of Section 30(a) of the Bihar Prohibition and Excise Act after 440 litres of liquor were recovered from his residence. He contended that his name was only mentioned by a co‑accused, that he had no involvement in the seizure, and that there was no prima facie case against him, also noting the lack of compliance with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023. The State opposed the bail application. The Court examined the material and, considering the circumstances, granted anticipatory bail on the condition that the petitioner surrenders within six weeks and furnishes a bail bond of Rs.15,000 with two sureties, subject to the conditions of Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023.

Issues considered

Whether a prima facie case exists against the petitioner under Section 30(a) of the Bihar Prohibition and Excise Act.
Whether anticipatory bail can be granted under Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023.
Whether the procedural requirement of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, has been complied with.

Legislation cited

Bharatiya Nagarika Suraksha Sanhita, 2023 — s. 103, 482(2)

Subjects

anticipatory bail
false implication
Bihar Prohibition and Excise Act
Section 30(a)
Bharatiya Nagarika Suraksha Sanhita
Section 103
Section 482(2)
liquor seizure
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.87164 of 2025
                 Arising Out of PS. Case No.-387 Year-2025 Thana- KALYANPUR District- East Champaran
                 ======================================================
                 Bhuar Ram S/o Late Jagu Ram R/o Village - Bakarpur, P.S - Kalyanpur,
                 District - East Champaran

                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Suraj Kumar Tiwari, Adv.
                 For the Opposite Party/s :      Mr. Md. Nazir Ansari, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   15-01-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                           2.      The petitioner apprehends his arrest in connection

                   with Kalyanpur PS Case No. 387 of 2025 instituted for the

                   offences under Section 30(a) of the Bihar Prohibition and Excise

                   Act.

                           3.      The prosecution case, in short, is that total 440 litres

                   of liquor was recovered from the house of the petitioner and the

                   co-accused person.

                           4.      Learned counsel for the petitioner submitted that the

                   petitioner has falsely been implicated in the present case. The

                   name of the petitioner transpired in this case on the basis of

                   disclosure made by the apprehended co-accused person. Learned

                   counsel further submitted that the said recovery is made from the
           Patna High Court CR. MISC. No.87164 of 2025(2) dt.15-01-2026
                                                       2/2




                     joint house of the petitioner where other family members also

                     reside. The petitioner has got no concern with the alleged recovery

                     of liquor. Learned counsel for the petitioner, therefore, contends

                     that prima-facie no case is made out against the petitioner. The

                     petitioner has one criminal antecedent. There is no compliance of

                     Section 103 of the Bharatiya Nagarika 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 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 Kalyanpur PS Case

                     No. 387 of 2025, subject to the conditions as laid down under

                     Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023.



                                           (Rudra Prakash Mishra, J)
Siddharth Soni/-

U      T

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