Patna High Court

Satish Chaudhary @ Satish KumarversusThe 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 bond and surety conditions under Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023.

Summary

Satish Chaudhary sought anticipatory bail fearing arrest in a case (PS No.1255/2025) under Section 30(a) of the Bihar Prohibition and Excise Act for alleged possession of 75 litres of country‑made liquor. He contended that his name was supplied by a local chowkidar, that he had no involvement or criminal record, and that the prosecution had not complied with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, rendering the case prima facie weak. The State opposed the bail. The Court examined the material and, noting the lack of substantive evidence and the statutory safeguards, granted anticipatory bail on the condition of a Rs.15,000 bond with two sureties, subject to the conditions of Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita.

Issues considered

Whether anticipatory bail should be granted to the petitioner under the circumstances.
Whether the prosecution has complied with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023.
Whether a prima facie case exists under Section 30(a) of the Bihar Prohibition and Excise Act.

Legislation cited

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

Subjects

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

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.11380 of 2026
                    Arising Out of PS. Case No.-1255 Year-2025 Thana- GAYA MUFASIL District- Gaya
                 ======================================================
                 Satish Chaudhary @ Satish Kumar Son of Manoj Chaudhary Resident of
                 Village - Bhadeji Tand, P.S. - Mufassil, District - Gaya.
                                                                                  ... ... Petitioner/s
                                                     Versus
                 The State of Bihar
                                                                           ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Avinash Kumar Singh, Advocate
                 For the Opposite Party/s :       Mr.Pradeep Narain Kumar, 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 Muffasil P.S. Case No. 1255 of 2025, instituted for the

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

                   Excise Act.

                           3.       The prosecution case, in short, is that total 75 litres

                   of country made liquor was recovered from plastic container.

                           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 local Chowkidar. The petitioner has got no

                   concern with the alleged recovery of liquor. The petitioner has

                   no criminal antecedent. There is no compliance of Section 103
           Patna High Court CR. MISC. No.11380 of 2026(2) dt.13-02-2026
                                                       2/2




                     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 Muffasil P.S. Case

                     No. 1255 of 2025, 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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