Patna High Court

Dhananjay KumarversusThe 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 the stipulated conditions.

Summary

The petitioner, Dhananjay Kumar, sought anticipatory bail fearing arrest in a case (Amba PS No. 134 of 2025) under Section 30(a) of the Bihar Prohibition and Excise Act where 400 litres of liquor were recovered from two motorcycles. The prosecution alleged his involvement as the owner of one motorcycle, while the petitioner claimed false implication, no criminal antecedent, and highlighted non‑compliance of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023. The State opposed the bail, but the court noted that no prima facie case was established against the petitioner and that a co‑accused had already been granted regular bail. Consequently, the court ordered anticipatory bail, requiring a bail bond of Rs.15,000 with two sureties, subject to conditions under Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023.

Issues considered

Whether anticipatory bail should be granted to the petitioner under Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023.
Whether a prima facie case exists against the petitioner under Section 30(a) of the Bihar Prohibition and Excise Act.
Whether the alleged non‑compliance of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, warrants denial of bail.

Legislation cited

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

Subjects

anticipatory bail
bail
prohibition act
liquor seizure
Section 30
Section 482
Section 103
criminal procedure
Bihar

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.16155 of 2026
                      Arising Out of PS. Case No.-134 Year-2025 Thana- AMBA District- Aurangabad
                 ======================================================
                 Dhananjay Kumar son of Ganesh Mahto Resident of Village- Suhi PS
                 -Kutumba District -Aurangabad Bihar

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Ms. Rupa Kumari, Advocate
                 For the Opposite Party/s :       Mr. Sanjay Kumar, 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 Amba PS Case No. 134 of 2025 instituted for the offences

                   under Section 30(a) of the Bihar Prohibition and Excise Act.

                           3.       The prosecution case, in short, is that total 400

                   litres of liquor was recovered from two motorcycles.

                           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 as being owner

                   of one of the motorcycles. The petitioner has got no concern

                   with the alleged recovery of liquor. The petitioner has no

                   criminal antecedent. There is no compliance of Section 103 of
           Patna High Court CR. MISC. No.16155 of 2026(2) dt.12-03-2026
                                                       2/2




                     the Bharatiya Nagarika Suraksha Sanhita, 2023.                Learned

                     counsel for the petitioner, therefore, contends that prima-facie

                     no case is made out against the petitioner. Other co-accused has

                     been granted regular bail by this Court vide order dated

                     15.11.2025, passed in Cr. Misc. No. 72081 of 2025.

                             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 Amba PS Case No.

                     134 of 2025, subject to the conditions as laid down under

                     Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita,

                     2023.



                                                                 (Rudra Prakash Mishra, J)
Raj Kishore/-

U      T

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