Patna High Court
Banty KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- R P MISHRA
Holding
Anticipatory bail was denied to the petitioner.
Summary
The petitioner, Banty Kumar, sought anticipatory bail after being implicated in a case involving the seizure of 504 litres of liquor from a Bajaj Maxima vehicle, alleged to be an offence under Section 30(a) of the Bihar Prohibition and Excise Act. He argued that his name was disclosed by a co‑accused, that he was neither the owner nor driver of the vehicle, and that he had no knowledge of the liquor. The petitioner also highlighted that there was no compliance with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, and that the prosecution’s case was prima facie weak. The State opposed the bail, noting the petitioner’s nine prior criminal antecedents of a similar nature. The Court, considering the serious nature of the allegations and the petitioner’s criminal history, declined to grant anticipatory bail, but allowed the petitioner to apply for regular bail if he surrenders within six weeks.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the circumstances of the alleged offence under Section 30(a) of the Bihar Prohibition and Excise Act.
- Whether the lack of compliance with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, affects the grant of anticipatory bail.
Legislation cited
Subjects
- anticipatory bail
- bail
- criminal antecedents
- liquor seizure
- Bihar Prohibition and Excise Act
- Bharatiya Nagarika Suraksha Sanhita
- Section 30(a)
- Section 103
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16770 of 2026
Arising Out of PS. Case No.-495 Year-2025 Thana- RAHUI District- Nalanda
======================================================
Banty Kumar Son of Ramnandan Prasad R/o - Jagatnandanpr, P.S - Rahui,
District - Nalanda
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Amresh Kumar Sinha, Advocate
For the Opposite Party/s : Mr. Chandra Bhushan Prasad, 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 Rahui P.S. Case No. 495 of 2025 instituted for the offences
under Sections 30(a) of the Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that total 504 litres
of liquor was recovered from Bajaj Maxima vehicle.
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. Learned
counsel further submitted that petitioner is neither the owner nor
the driver of the vehicle. The petitioner has got no knowledge
Patna High Court CR. MISC. No.16770 of 2026(2) dt.13-03-2026
2/2
and concern with the alleged recovery of liquor. Learned
counsel, therefore, submitted that prima-facie, no case is made
out against the petitioner. The petitioner has nine criminal
antecedents. 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 as also there being large number of criminal
antecedents of similar nature, in my view, this is not a fit case
for anticipatory bail, and hence, I am not inclined to grant
anticipatory bail to the petitioner.
7. Accordingly, the prayer for grant of anticipatory
bail to the petitioner is, hereby, rejected.
8. However, if the petitioner surrenders before the
learned court below within a period of six weeks from today and
prays for regular bail, the same shall be disposed of on its own
merit without being prejudiced by this order.
(Rudra Prakash Mishra, J)
Alok Verma/-
U T
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