Patna High Court
Raju Singh @ Abhinandan SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court granted anticipatory bail to the petitioner subject to the conditions prescribed under Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023.
Summary
The petitioner, Raju Singh, sought anticipatory bail fearing arrest in a case (PS No. 932 of 2025) under Section 30(a) of the Bihar Prohibition and Excise Act for alleged possession of 173.7 litres of liquor recovered from a three-wheeler. He contended that he was neither the owner nor the driver of the vehicle, had no knowledge of the liquor, and possessed no criminal antecedents. The petitioner also argued that the prosecution had not complied with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, and that no prima facie case existed against him. The State opposed the bail. The Court, after considering the submissions, granted anticipatory bail on the condition that the petitioner surrenders within six weeks, furnishes a bail bond of Rs. 15,000 with two sureties, and complies with the conditions under Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023.
Issues considered
- Whether the petitioner is entitled to anticipatory bail in the present case.
- 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 requirements of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023.
Legislation cited
- Bharatiya Nagarika Suraksha Sanhita, 2023 — s. 103, 482(2)
- Bihar Prohibition and Excise Act — s. 30(a)
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- Bharatiya Nagarika Suraksha Sanhita
- Section 30(a)
- Section 103
- Section 482(2)
- criminal procedure
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16915 of 2026
Arising Out of PS. Case No.-932 Year-2025 Thana- MOTIHARI TOWN District- East
Champaran
======================================================
Raju Singh @ Abhinandan Singh S/o Lakhindra Singh @ Lakhendra Singh
R/o Village- Kundwa Chainpur, P.S- Kundwa Chainpur, Dist- East
Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Girish Chandra Jha, Advocate
For the Opposite Party/s : Mr. Md. Shakir Ahmad, 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 Motihari Town P.S. Case No. 932 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 173.7
litres of liquor was recovered from three wheeler.
4. Learned counsel for the petitioner submitted that the
petitioner has falsely been implicated in the present case.
Learned counsel further submitted that petitioner is neither the
owner nor the driver of the vehicle. The petitioner has got no
Patna High Court CR. MISC. No.16915 of 2026(2) dt.13-03-2026
2/2
knowledge 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 no criminal
antecedent. 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, 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 Motihari
Town P.S. Case No. 932 of 2025, subject to the conditions as
laid down under Section 482(2) of the Bharatiya Nagarika
Suraksha Sanhita, 2023.
(Rudra Prakash Mishra, J)
Alok Verma/-
U T
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