Patna High Court
Anil Kumar Mehta @ Anil MehtaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court granted anticipatory bail to the petitioner, subject to bail bonds, sureties and conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Summary
The petitioner, Anil Kumar Mehta, sought anticipatory bail in a case registered under Section 30(a) of the Bihar Prohibition and Excise Act for alleged possession of 315 litres of liquor. He claimed innocence, arguing that his name was linked only through a co‑accused’s confessional statement, which he contended had no evidentiary value, and that he had no connection with the car involved. The petitioner also highlighted that co‑accused had been granted regular bail and that there was no compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The State opposed the bail. The Court, after considering the submissions, ordered the petitioner’s release on anticipatory bail upon furnishing bail bonds and sureties, subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
- Whether the confessional statement of the co‑accused can be used as evidence against the petitioner.
- Whether the requirements of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, have been complied with.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 103, 482(2)
Subjects
- anticipatory bail
- Section 30(a) Bihar Prohibition and Excise Act
- confessional statement
- Section 103 Bharatiya Nagarik Suraksha Sanhita
- Section 482(2) Bharatiya Nagarik Suraksha Sanhita
- bail conditions
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11062 of 2026
Arising Out of PS. Case No.-89 Year-2025 Thana- RATANPUR District- Supaul
======================================================
Anil Kumar Mehta @ Anil Mehta Son of Ratan Lal Mehta Resident of village
- Lalmanpatti, Ward No. 14, Police Station - Ratanpura, District - Supaul
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Arun, Advocate
For the Opposite Party/s : Mr. Amitesh Kumar, 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
Ratanpur P.S. Case No. 89 of 2025, registered under Section
30(a) of the Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that 315 liters
liquor was recovered from car.
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 the petitioner has got no concern with the car in
question. Name of the petitioner has transpired in this case on
the basis of confessional statement made by co-accused person
and the same has got no evidentiary value. Learned counsel for
Patna High Court CR. MISC. No.11062 of 2026(2) dt.13-02-2026
2/2
the petitioner, therefore, contends that prima-facie, no case is
made out against the petitioner. The petitioner has got one
criminal antecedent in which he is on bail. Learned counsel for
the petitioner further submits that other co-accused have been
granted regular bail by this Court vide order dated 02.02.2026
passed in Cr. Misc. No. 5699 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 Ratanpur P.S. Case
No. 89 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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