Patna High Court

Bhulla Kumar @ Bhulla @ Bholu Kumar @ BholuversusThe State of Bihar

Decided: 25 February 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The court granted anticipatory bail to the petitioner subject to the conditions under Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023.

Summary

The petitioner, Bhulla Kumar, sought anticipatory bail fearing arrest in a case involving the alleged recovery of 300 litres of liquor from two motorcycles, alleged under Section 30(a) of the Bihar Prohibition and Excise Act and Sections 274, 275 and 317(2) of the Bharatiya Nyaya Sanhita, 2023. The prosecution alleged that the liquor was recovered in connection with PS‑Raghopur Case No.329 of 2025. The petitioner contended that his name was implicated solely on the confessional statement of co‑accused Santosh Kumar, that he owned none of the motorcycles, had no criminal antecedent, and that the statutory requirement of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023 was not complied with. The State opposed the bail. After considering the submissions, the court held that there was no prima facie case against the petitioner and ordered the grant of anticipatory bail, subject to a bail bond of Rs 15,000 and two sureties, and conditions under Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023.

Issues considered

Whether anticipatory bail should be granted to the petitioner in view of the alleged false implication
Whether the prosecution has made a prima facie case under the relevant statutes
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
Bharatiya Nyaya Sanhita, 2023 — s. 274, 275, 317(2), 482(2)

Subjects

anticipatory bail
liquor offence
false implication
confessional statement
Section 103
Section 482
Bihar Prohibition Act
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.14119 of 2026
                     Arising Out of PS. Case No.-329 Year-2025 Thana- RAGHOPUR District- Vaishali
                 ======================================================
                 Bhulla Kumar @ Bhulla @ Bholu Kumar @ Bholu S/o Punjabi Das @
                 Panjabi Das R/o vill- Malikpur, Malikpur Rustampur, P.S. - Raghopur
                 (Rustampur O.P.) , District- Vaishali
                                                                       ... ... Petitioner/s
                                                      Versus
                 The State of Bihar
                                                                ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Ravish Mishra, Advocate
                 For the Opposite Party/s :       Mr.Md. Nazir Ansari, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   25-02-2026             Heard learned counsel for the petitioner and learned APP

                   for the State.

                           2.       The petitioner apprehends his arrest in connection

                   with Raghopur P.S. Case No. 329 of 2025, instituted for the

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

                   Excise Act and u/s 274, 275 and 317(2) of the Bharatiya Nyaya

                   Sanhita, 2023.

                           3.       The prosecution case, in short, is that total total 300

                   litres of liquor was recovered from two motorcycles.

                           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

                   confessional statement of co-accused Santosh Kumar @

                   Shantosh Kumar. The petitioner has got no concern with the
           Patna High Court CR. MISC. No.14119 of 2026(2) dt.25-02-2026
                                                       2/2




                     alleged recovery of liquor. The petitioner is not the owner of the

                     said two motorcycles. 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 Raghopur P.S.

                     Case No. 329 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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