Patna High Court
Bhola ChauhanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court held that anticipatory bail may be granted under Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023 as no prima facie case was established against the petitioner.
Summary
The petitioner, Bhola Chauhan, sought anticipatory bail fearing arrest in a case alleging possession of 1,470 litres of liquor recovered from his vehicle and premises, violating Sections 30(a) and 41 of the Bihar Prohibition and Excise Act. He contended that his name was implicated solely on local disclosures, he had no knowledge of the liquor, and the recovery was made in an open public area without compliance with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, thus no prima facie case existed. The State opposed the bail. The Court considered the lack of direct evidence linking the petitioner to the contraband and the procedural lapse in the recovery. Accordingly, the Court ordered that, if arrested within six weeks, the petitioner be released on anticipatory bail upon furnishing a bail bond of Rs.15,000 with two sureties, subject to conditions under Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023.
Issues considered
- Whether anticipatory bail can be granted to the petitioner under Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023 in view of alleged offences under the Bihar Prohibition and Excise Act.
- Whether the recovery of liquor behind the petitioner’s house complied with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, thereby affecting the existence of a prima facie case.
- Whether the petitioner can be held liable for offences under Sections 30(a) and 41 of the Bihar Prohibition and Excise Act.
Legislation cited
- Bharatiya Nagarika Suraksha Sanhita, 2023 — s. 103, 482(2)
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- Bharatiya Nagarika Suraksha Sanhita
- Section 103
- Section 482
- criminal procedure
- liquor seizure
- prima facie case
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11727 of 2026
Arising Out of PS. Case No.-462 Year-2025 Thana- SIRDALA District- Nawada
======================================================
Bhola Chauhan S/O Sitaram Chauhan @ Siram Chauhan R/O Vil.- Rabio
Beldari,P.S. - Sirdalla, DISTRICT- Nawada
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Deepak Kumar, Advocate
For the Opposite Party/s : Mr.Md. Ataur Rahman, 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 Sirdalla P.S. Case No. 462 of 2025, for the offences under
Sections 30(a) and 41 of the Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that total 1470
litres of liquor was recovered from car and behind the house of
petitioner.
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 people. The petitioner has got no
concern with the alleged recovery of liquor. The petitioner has
one criminal antecedent. The name of the petitioner has
transpired as being owner of the vehicle in question and he has
no knowledge regarding the goods loaded on the vehicle.
Patna High Court CR. MISC. No.11727 of 2026(2) dt.13-02-2026
2/2
Learned counsel for the petitioner further submitted that the
recovery has been made behind the house of petitioner, which is
an open place and is accessible to public at large. 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 Sirdalla P.S. Case
No. 462 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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