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Patna High Court

Kaushal Kumar @ BajrangiversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

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

Summary

The petitioner, Kaushal Kumar, sought anticipatory bail in a case where 240 litres of liquor were seized from a car under Section 30(a) of the Bihar Prohibition and Excise Act. He claimed he was neither the owner nor driver of the vehicle and was not present at the scene, asserting that his name was implicated only through a co-accused's confessional statement, which he argued lacked evidentiary value. The petitioner also highlighted his prior criminal antecedent and the grant of regular bail to another co-accused, contending that there was no prima facie case against him and that Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023 had not been complied with. The State opposed the bail. The court, after considering the submissions, granted anticipatory bail subject to a bond of Rs. 15,000 and two sureties, imposing conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 in the context of alleged contravention of Section 30(a) of the Bihar Prohibition and Excise Act.
  • Whether the confessional statement of a co-accused provides sufficient basis for arrest and denial of bail.
  • Whether non‑compliance of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023 warrants the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • bail
  • Bihar Prohibition and Excise Act
  • liquor seizure
  • confessional statement
  • co‑accused
  • Section 30(a)
  • Section 482(2)
  • Section 103
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.15997 of 2026
                     Arising Out of PS. Case No.-71 Year-2025 Thana- Pura police station District- Gaya
                 ======================================================
                 Kaushal Kumar @ Bajrangi Son of Girajnand Yadav Resident of Village -
                 Gaharpur, Police Station - Chakand, District - Gaya Ji (Bihar).
                                                                                ... ... Petitioner/s
                                                    Versus
                 The State of Bihar
                                                                         ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr. Abhay Kumar Singh, Advocate
                 For the Opposite Party/s :         Mr. Md. Ataur Rahman, 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 arrest in connection with

                   Pura P.S. Case No. 71 of 2025, registered under Section 30(a) of

                   the Bihar Prohibition and Excise Act.

                                3. The prosecution case, in short, is that 240 liters

                   liquor was recovered from car.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has falsely been implicated in the

                   present case. The petitioner has got no concern with the alleged

                   recovery of liquor. Learned counsel for the petitioner also

                   submits that the petitioner was not present on the spot. It is next

                   submitted that the petitioner is neither owner nor driver of the

                   car in question. Name of the petitioner has transpired in this

                   case on the basis of confessional statement made by co-accused,
             Patna High Court CR. MISC. No.15997 of 2026(2) dt.12-03-2026
                                                         2/2




                       namely, Rajan Kumar and the same has got no evidentiary

                       value. Learned counsel for the petitioner, therefore, contends

                       that prima-facie, no case is made out against the petitioner. The

                       petitioner has got one criminal antecedent in which he is on

                       bail. Learned counsel for the petitioner further submits that

                       other co-accused has been granted regular bail by this Court

                       vide order dated 19.01.2026 passed in Cr. Misc. No. 2987 of

                       2026. There is no compliance of Section 103 of the Bharatiya

                       Nagarik 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,

                       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/- (Rupees Fifteen Thousand) with two

                       sureties of the like amount each to the satisfaction of Court

                       below/concerned Court in connection with Pura P.S. Case No.

                       71 of 2025, subject to the conditions as laid down under Section

                       482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.


                                                                   (Rudra Prakash Mishra, J)
Rajorshi/-
U      T


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