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Patna High Court

Aditya RajversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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