Patna High Court

Baidhyanath Rai @ Sadhu RaiversusThe State of Bihar

Decided: 12 March 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

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

Summary

Petitioner Baidhyanath Rai sought anticipatory bail after being implicated in a case concerning the seizure of 275 litres of liquor, of which 20 litres were allegedly recovered from his premises, under Sections 30(a) and 41 of the Bihar Prohibition and Excise Act. He contended that his name was recorded solely on the basis of a co‑accused’s confessional statement, that he had no knowledge of the liquor, and that the recovery was made from an open public area, thus no prima facie case existed. The petitioner also argued 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 that the petitioner surrenders within six weeks, furnishes a bail bond of Rs.15,000 and two sureties of equal amount, subject to the provisions of Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023.

Issues considered

Whether the petitioner is entitled to anticipatory bail in the liquor seizure case.
Whether a prima facie case exists against the petitioner based on the co‑accused’s confession.
Whether the requirements of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023 have been complied with.
Whether Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023 can be invoked to grant anticipatory bail.

Legislation cited

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

Subjects

anticipatory bail
liquor seizure
Bihar Prohibition and Excise Act
false implication
confessional statement
Section 103
Section 482
bail bond
surety

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.15757 of 2026
                  Arising Out of PS. Case No.-450 Year-2025 Thana- BAIKUNTHPUR District- Gopalganj
                 ======================================================
                 Baidhyanath Rai @ Sadhu Rai S/O Late Bachan Rai Resident of village-
                 Faijulahpur, P.S- Baikunthpur, District - Gopalganj
                                                                            ... ... Petitioner/s
                                                     Versus
                 The State of Bihar
                                                                     ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Sumit Kumar Srivastva, Advocate
                 For the Opposite Party/s :      Mr. Nand Kishore Prasad, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   12-03-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                               2. The petitioner apprehends his arrest in connection

                   with Baikunthpur P.S. Case No. 450 of 2025 instituted for the

                   offences punishable under Sections 30(a), 41 of the Bihar

                   Prohibition and Excise Act.

                               3. The prosecution case, in short, is that total 275 litres

                   of liquor was recovered out of which 20 litres was recovered

                   from the dalaan of the petitioner.

                               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 the apprehended co-accused. Learned

                   counsel further submitted that petitioner has no knowledge and
           Patna High Court CR. MISC. No.15757 of 2026(2) dt.12-03-2026
                                                       2/2




                     concern with the alleged recovery. Learned counsel further

                     submitted that the alleged recovery has been made from an open

                     place which is accessible to public at large. Learned counsel,

                     therefore, submitted that prima-facie, no case is made out

                     against the petitioner. The petitioner has no criminal antecedent.

                     There is no compliance of Section 103 of the Bharatiya

                     Nagarika Suraksha Sanhita, 2023.

                                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 lower court within a period of six

                     weeks from today, be released on anticipatory bail on furnishing

                     bail bonds of Rs. 15,000/- ( Rupees Fifteen Thousand) with two

                     sureties of the like amount each to the satisfaction of Court

                     below/concerned Court in connection with Baikunthpur P.S.

                     Case No. 450 of 2025, subject to the conditions as laid down

                     under Section 482(2) of the Bharatiya Nagarika Suraksha

                     Sanhita, 2023.



                                           (Rudra Prakash Mishra, J)
Alok Verma/-

U      T

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