Patna High Court

Neeraj Kumar @ Niraj KumarversusThe State of Bihar

Decided: 25 March 2026
Disposal: BAIL REJECTED
Bench: ANSHUMAN

Holding

Anticipatory bail under Section 482 BNSS, 2023 was refused due to the petitioner’s adverse criminal antecedents.

Summary

The petitioner, Neeraj Kumar, filed an application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 seeking anticipatory bail in a case involving alleged seizure of 40 litres of illicit mahua liquor under Sections 30(a) and 41(1) of the Bihar Prohibition and Excise (Amendment) Act, 2018. The petitioner claimed innocence, alleging false implication based on an extra‑judicial confession of a co‑accused, and asserted willingness to comply with any conditions. The State opposed the bail, highlighting the petitioner’s poor criminal record, including three pending excise cases. The Court examined whether the petitioner’s antecedents and the nature of the allegations justified granting anticipatory bail. Concluding that the petitioner’s criminal antecedents warranted denial of anticipatory bail, the Court refused the application but indicated that regular bail could be considered if the petitioner surrenders within four weeks.

Issues considered

Whether anticipatory bail can be granted under Section 482 BNSS, 2023 to a person with pending criminal cases and adverse antecedents.
Whether the existence of an extra‑judicial confession of a co‑accused suffices to justify anticipatory bail.
Whether the nature of the alleged offence under the Bihar Prohibition and Excise (Amendment) Act, 2018 precludes anticipatory bail.

Legislation cited

Bharatiya Nagarik Suraksha Sanhita — s. 482

Subjects

anticipatory bail
Section 482
criminal antecedents
excise law
illicit liquor
extra‑judicial confession

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.15336 of 2026
                       Arising Out of PS. Case No.-93 Year-2021 Thana- AMBA District- Aurangabad
                 ======================================================
                 Neeraj Kumar @ Niraj Kumar Son of Ramesh Yadav @ Ramesh Kumar
                 Yadav Resident Of Village- Tendua Pokhar, Ps- Aurangabad Mufassil, Dist-
                 Aurnagabad
                                                                           ... ... Petitioner/s
                                                 Versus
                 The State of Bihar
                                                                    ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Ms. Leelawati Kumari, Advocate
                 For the Opposite Party/s :       Ms.Veena Kumari Jaiswal, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
                                       ORAL ORDER

2   25-03-2026                  Heard learned Counsel for the petitioner and learned

                   APP for the State.

                                2. The present criminal miscellaneous application has

                   been filed under Section 482 of the Bharatiya Nagarik Suraksha

                   Sanhita, 2023 (hereinafter referred to as ‘the BNSS, 2023’) for

                   grant of anticipatory bail to the petitioner who apprehends arrest

                   in connection with Amba P.S. Case No. 93 of 2021, lodged on

                   19.07.2021, under Sections 30(a)/41(1) of the Bihar Prohibition

                   and Excise (Amendment) Act, 2018, pending in the Court of

                   Additional Sessions Judge-cum-Exclusive Special Judge, Excise

                   Court No.I, Aurangabad.

                                3. As per the prosecution, total recovery of 40 litres of

                   country-made mahua liquor has been made which is the subject

                   matter of the present case.
          Patna High Court CR. MISC. No.15336 of 2026(2) dt.25-03-2026
                                                      2/2




                                 4. Learned Counsel for the petitioner submits that the

                    petitioner is innocent and has committed no offence. It is

                    contended that the petitioner has been falsely implicated in the

                    present case merely on suspicion arising from an extra-judicial

                    confession allegedly made by a co-accused. The counsel further

                    submits that the petitioner has no connection whatsoever with

                    the alleged seizure of illicit liquor.               It is also stated that,

                    although the petitioner does not have a clean antecedent and

                    three criminal cases relating to excise matters are pending

                    against him. Counsel submits that the petitioner is ready to

                    fulfill all the conditions whatsoever shall be imposed upon him.

                                 5. Learned APP for the State opposes the prayer for

                    bail of the petitioner and submits that criminal antecedents of

                    the petitioner are not good.

                                 6. Considering the similar types of criminal

                    antecedents, the prayer for anticipatory bail of petitioner is

                    hereby refused. However, in the event of surrender of the

                    petitioner within four weeks from today, the prayer for regular

                    bail shall be considered without being prejudiced by the order of

                    this Court.

                                                                         (Dr. Anshuman, J)
    Mkr./-

U     T

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