Patna High Court

Deepak KumarversusThe State of Bihar

Decided: 13 March 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The Court held that anticipatory bail should be granted to the petitioner subject to conditions under Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023.

Summary

The petitioner, Deepak Kumar, sought anticipatory bail fearing arrest in a case (Sahiyara PS Case No. 205 of 2025) under Section 30(a) of the Bihar Prohibition and Excise Act where 200 litres of liquor were seized from a vehicle. He contended that his name was only disclosed by a co-accused, he does not own the vehicle, and has no involvement in the alleged offence, further alleging non‑compliance of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023. The State opposed the bail. The Court examined the prima facie material and the procedural lapse, and, applying Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023, ordered that the petitioner be released on anticipatory bail upon furnishing a bail bond of Rs.15,000 with two sureties, subject to the Court’s conditions.

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 provisions of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, were complied with.

Legislation cited

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

Subjects

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

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.16255 of 2026
                     Arising Out of PS. Case No.-205 Year-2025 Thana- SAHIYARA District- Sitamarhi
                 ======================================================
                 Deepak Kumar Son of Indrajeet Singh Resident of Village -Jhalsi PS-
                 Sahiyara Distt -Sitamarhi

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

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

2   13-03-2026             Heard learned counsel for the petitioner and learned APP

                   for the State.

                           2.       The petitioner apprehends his arrest in connection

                   with Sahiyara PS Case No. 205 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 200

                   litres of liquor was recovered from a car.

                           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

                   disclosure made by apprehended co-accused person. Petitioner

                   is not the owner of the seized vehicle and he has no concern
           Patna High Court CR. MISC. No.16255 of 2026(2) dt.13-03-2026
                                                       2/2




                     with the same. The petitioner has got no concern with the

                     alleged recovery of liquor. The petitioner has two criminal

                     antecedents. 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.

                             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 Sahiyara PS Case

                     No. 205 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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