Patna High Court
Aditya RajversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court held that, in the absence of a prima facie case and non‑compliance of Section 103, anticipatory bail may be granted under Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023.
Summary
The petitioner, Aditya Raj, sought anticipatory bail after being implicated in a liquor seizure case (429 litres) under Sections 318(4), 336(3), 340(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Section 30(a) of the Bihar Prohibition and Excise Act. He contended that he was merely the registered owner of the motorcycle from which the liquor was recovered, had handed it over to a relative, and had no criminal antecedent. 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 submissions, 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, 2023.
Issues considered
- Whether a prima facie case exists against the petitioner under the specified provisions of the Bharatiya Nyaya Sanhita and the Bihar Prohibition and Excise Act.
- Whether the petitioner is entitled to anticipatory bail under Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023.
- 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)
- Bharatiya Nyaya Sanhita, 2023 — s. 318(4), 336(3), 340(2), 3(5)
Subjects
- anticipatory bail
- false implication
- liquor seizure
- Bharatiya Nyaya Sanhita
- Bihar Prohibition and Excise Act
- Bharatiya Nagarika Suraksha Sanhita
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14772 of 2026
Arising Out of PS. Case No.-393 Year-2025 Thana- LAHERIYASARAI District- Darbhanga
======================================================
Aditya Raj Son of Raju Kumar R/o - Ward No.40, Bakarganj, Abhanda, P.S. -
Laheriasarai, District - Darbhanga, Bihar.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Vinay Kumar Mishra, Advocate
For the Opposite Party/s : Mr.Syed Mojibur Rahman, 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 Laheriasarai P.S. Case No. 393 of 2025, instituted for the
offences under Sections 318(4), 336(3), 340(2) and 3(5) of the
Bharatiya Nyaya Sanhita, 2023 and u/s 30(a) of the Bihar
Prohibition and Excise Act.
3. The prosecution case, in short, is that total 429
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 has transpired as being owner of the
motorcycle in question. He further submitted that, in fact, the
petitioner has given his motorcycle to his relative. The petitioner
Patna High Court CR. MISC. No.14772 of 2026(2) dt.25-02-2026
2/2
has got no concern with the alleged recovery of liquor. 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 Laheriasarai P.S.
Case No. 393 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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