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Patna High Court

Nasiban Kumar @ Ravindra KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                                         2/2




                       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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