Patna High Court

RajpalversusThe State of Bihar

Decided: 13 February 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The Court granted anticipatory bail to the petitioner subject to a bond and sureties, applying Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023.

Summary

Petitioner Rajpal was apprehended that he might be arrested in connection with a liquor seizure case (Siwan Excise P.S. Case No. 748 of 2024) involving 332.325 litres of liquor, alleged offences under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act. He claimed he was falsely implicated, his name appearing only because the apprehended person disclosed it, and that he had no knowledge of the goods or ownership of the vehicle. The petitioner argued that no prima facie case existed and that Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, had not been complied with. The State opposed the bail. The Court, after considering the facts, granted anticipatory bail subject to a bond of Rs.15,000 and two sureties, with conditions under Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023.

Issues considered

Whether anticipatory bail should be granted to the petitioner under Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023.
Whether a prima facie case exists against the petitioner under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act.
Whether the requirements of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, have been complied with.

Legislation cited

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

Subjects

anticipatory bail
excise law
liquor seizure
false implication
Section 103
Section 482
Bihar Prohibition and Excise Act
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.11372 of 2026
                       Arising Out of PS. Case No.-748 Year-2024 Thana- Excise P.S. District- Siwan
                 ======================================================
                 Rajpal S/o Kabal Singh Resident of Village - Beland, P.S- Shivaji Colony,
                 District - Rohtak, State - Haryana
                                                                           ... ... Petitioner/s
                                                    Versus
                 The State of Bihar
                                                                    ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Sanjay Kumar Pandey, Advocate
                 For the Opposite Party/s :        Mr.Yogendra Kumar Singh, A.P.P.
                 ======================================================
                 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 his arrest in connection

                   with Siwan Excise P.S. Case No. 748 of 2024, instituted for the

                   offences under Sections 30(a) and 32(3) of the Bihar Prohibition

                   and Excise Act.

                           3.       The prosecution case, in short, is that total 332.325

                   litres of liquor was recovered from car.

                           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 apprehended person. The petitioner has got

                   no concern with the alleged recovery of liquor. The name of the

                   petitioner has transpired as being owner of the vehicle in
           Patna High Court CR. MISC. No.11372 of 2026(2) dt.13-02-2026
                                                       2/2




                     question and he has no knowledge regarding the goods loaded

                     on the vehicle. The petitioner has no criminal antecedent. There

                     is no compliance of Section 103 of the Bharatiya Nagarika

                     Suraksha Sanhita, 2023. Learned counsel for the petitioner,

                     therefore, contends that prima-facie no case is made out against

                     the petitioner.

                             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 Siwan Excise P.S.

                     Case No. 748 of 2024, subject to the conditions as laid down

                     under Section 482(2) of the Bharatiya Nagarika Suraksha

                     Sanhita, 2023.



                                           (Rudra Prakash Mishra, J)
manish/-

U      T

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