Patna High Court

Ajit SahversusThe State of Bihar

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

Holding

The court held that, in the absence of a prima facie case and due to non‑compliance with Section 103, anticipatory bail is warranted and granted under Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023.

Summary

The petitioner Ajit Sah feared arrest in a case (PS No.325/2025) for alleged contravention of Section 30(a) of the Bihar Prohibition and Excise Act, where 192.54 litres of liquor were seized from a vehicle. He contended that he was falsely implicated, having no ownership of the vehicle involved, no criminal antecedent, and that the prosecution had failed to comply with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023. The State opposed the grant of anticipatory bail. The Court examined whether a prima facie case existed and whether procedural safeguards under the 2023 Act were satisfied. Finding no prima facie case and noting the procedural lapse, the Court ordered that the petitioner be released on anticipatory bail upon furnishing a bail bond of Rs.15,000 with two sureties, subject to conditions under Section 482(2). The order also directed compliance with the lower court.

Issues considered

Whether anticipatory bail can 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 prosecution complied with the procedural requirement of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023.

Legislation cited

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

Subjects

anticipatory bail
Bihar Prohibition and Excise Act
Bharatiya Nagarika Suraksha Sanhita
false implication
section 30(a)
section 103
section 482(2)
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.16157 of 2026
                        Arising Out of PS. Case No.-325 Year-2025 Thana- JOKIHAT District- Araria
                 ======================================================
                 Ajit Sah S/o Kunkun Sah Resident of village- Sidhiyahi, ward no 1, Police
                 station- Kalyanpur, DIST- samastipur

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Ramesh Kumar Singh, Advocate
                 For the Opposite Party/s :        Mr. N.N. Tiwary, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   12-03-2026             Heard Mr. Ramesh Kumar Singh, learned counsel for the

                   petitioner and Mr. N.N. Tiwary, learned APP for the State.

                           2.      The petitioner apprehends his arrest in connection

                   with Jokihat PS Case No. 325 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 192.54

                   litres of liquor was recovered from Bolero.

                           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 the Scorpio in question. The petitioner has got no concern

                   with the alleged recovery of liquor. The petitioner has no
           Patna High Court CR. MISC. No.16157 of 2026(2) dt.12-03-2026
                                                       2/2




                     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. Other co-accused has

                     been granted regular bail by this Court vide order dated

                     16.12.2025 passed in Cr. Misc. No. 86836 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 Jokihat PS Case No.

                     325 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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