Patna High Court
Nasiban Kumar @ Ravindra KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court granted anticipatory bail to the petitioner subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Summary
The petitioner, Nasiban Kumar, feared arrest in a case (Bypass PS Case No. 597 of 2025) registered under Section 30(a) of the Bihar Prohibition and Excise Act after 112 litres of liquor were recovered from a water‑filled pit. He contended that he was falsely implicated based on secret police information, had no involvement in the recovery, and that the liquor was found in an open, publicly accessible area. The petitioner also highlighted that he already has two criminal antecedents for which he is on bail, and pointed out that a co‑accused had been granted regular bail in a related matter, arguing that Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023 had not been complied with. The State opposed the bail application. The Court, after considering the facts, ordered that the petitioner be released on anticipatory bail upon surrendering within six weeks, subject to a bail bond of Rs. 15,000 and two sureties, and conditioned under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. The order was pronounced by Justice Rudra Prakash Mishra.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 in a case under Section 30(a) of the Bihar Prohibition and Excise Act.
- Whether the alleged non‑compliance of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023 warrants granting bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 103, 482(2)
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- Bharatiya Nagarik Suraksha Sanhita
- Section 30(a)
- Section 482(2)
- Section 103
- criminal procedure
- bail application
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10783 of 2026
Arising Out of PS. Case No.-597 Year-2025 Thana- BYPASS District- Patna
======================================================
Nasiban Kumar @ Ravindra Kumar S/O Sanjay Prasad @ Naga Bind R/O
Village- Beldari Tola, P.S- Bypass, Distt.- Patna, Bihar.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Arvind Kumar, Advocate
For the Opposite Party/s : Mr. Ajay Kumar No. 2, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 13-02-2026 Heard learned counsel for the petitioner and
learned APP for the State.
2. The petitioner apprehends arrest in connection with
Bypass P.S. Case No. 597 of 2025, registered under Section
30(a) of the Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that 112 liters
liquor was recovered from jute bag hidden in water filled pit.
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
recovery of liquor. Learned counsel for the petitioner also
submitted that name of the petitioner has transpired in this case
on the basis of secret information received by the police. It is
next submitted that the alleged recovery has been made from an
open place and the same is easily accessible to the public at
Patna High Court CR. MISC. No.10783 of 2026(2) dt.13-02-2026
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large. The petitioner has got two criminal antecedents in which
he is on bail. Learned counsel for the petitioner, therefore,
contends that prima-facie, no case is made out against the
petitioner. Learned counsel for the petitioner further submits
that other co-accused has been granted regular bail by this Court
vide order dated 19.01.2026 passed in Cr. Misc. No. 1323 of
2026. 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 Bypass P.S. Case No.
597 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
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