Patna High Court

Anuj 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 the conditions prescribed under Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023.

Summary

The petitioner, Anuj Kumar, sought anticipatory bail after learning that he might be arrested in connection with a case (Mehsi P.S. Case No. 305 of 2025) alleging violation of Section 30(a) of the Bihar Prohibition and Excise Act for the recovery of 558.360 litres of liquor. The prosecution alleged that the liquor was recovered from an open hut, and the petitioner’s name was supplied by a local chowkidar, though he claimed no involvement and pointed to a lack of compliance with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023. The petitioner’s counsel argued that there was no prima facie case against him and that procedural safeguards were not observed. The State’s counsel opposed the bail application. The Court, after considering the facts, granted anticipatory bail on the condition that the petitioner surrenders within six weeks, furnishes a bail bond of Rs.15,000 with two sureties, and complies with the 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 a case arising under Section 30(a) of the Bihar Prohibition and Excise Act.
Whether the recovery of liquor complied with the procedural requirements of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, thereby affecting the existence of a prima facie case.
Whether the petitioner’s alleged involvement establishes a sufficient ground for denial of anticipatory bail.

Legislation cited

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

Subjects

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

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.11766 of 2026
                    Arising Out of PS. Case No.-305 Year-2025 Thana- MEHSI District- East Champaran
                 ======================================================
                 Anuj Kumar Son of Ganesh Prasad Resident of Kankatti, Kothia Hariram,
                 P.S. - Mehsi, District - East Champaran.
                                                                       ... ... Petitioner/s
                                                     Versus
                 The State of Bihar
                                                                ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Sanjay Kumar, Advocate
                 For the Opposite Party/s :       Mr.Ram Anurag 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 Mehsi P.S. Case No. 305 of 2025 instituted for the offences

                   punishable under Section 30(a) of the Bihar Prohibition and

                   Excise Act.

                           3. The prosecution case, in short, is that total 558.360

                   litres of liquor has been recovered from hut.

                           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

                   two criminal antecedents. Learned counsel for the petitioner
           Patna High Court CR. MISC. No.11766 of 2026(2) dt.13-02-2026
                                                       2/2




                     further submitted that the recovery has been made from hut

                     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 Mehsi P.S. Case No.

                     305 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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