Patna High Court

Khushnandan @ Khusnandan ChaudharyversusThe State Of Bihar

Decided: 19 January 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The Court granted anticipatory bail to the petitioners subject to bond and surety conditions under Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023.

Summary

The petitioners, Khushnandan Chaudhary and Arbaz Ansari, sought anticipatory bail fearing arrest in a case (Basopatti P.S. Case No. 217 of 2025) involving alleged offences under Sections 274, 275, 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Section 30(a) of the Bihar Prohibition and Excise Act, where 126 litres of liquor was recovered from a motorcycle. The prosecution alleged the liquor was linked to the petitioners, while the petitioners contended they were neither owners nor drivers of the vehicle and no incriminating article was found in their possession, also highlighting non‑compliance of Section 103 of the Bharatiya Nyaya Sanhita. The State opposed the bail. The Court examined the prima facie material, noted the lack of direct possession and procedural lapses, and consequently granted anticipatory bail subject to a bond of Rs. 15,000 with two sureties and conditions under Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023.

Issues considered

Whether anticipatory bail should be granted to the petitioners in the absence of direct possession of the alleged contraband.
Whether the prosecution has complied with Section 103 of the Bharatiya Nyaya Sanhita, 2023.
Whether the allegations constitute a prima facie case warranting arrest.

Legislation cited

Bharatiya Nagarika Suraksha Sanhita, 2023 — s. 482(2)
Bharatiya Nyaya Sanhita, 2023 — s. 103, 274, 275, 3(5)

Subjects

anticipatory bail
liquor seizure
Bihar Prohibition and Excise Act
Bharatiya Nyaya Sanhita
Bharatiya Nagarika Suraksha Sanhita
Section 103
Section 482
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.1971 of 2026
                    Arising Out of PS. Case No.-217 Year-2025 Thana- BASOPATTI District- Madhubani
                 ======================================================
           1.     Khushnandan @ Khusnandan Chaudhary Son of Lal Babu Chaudhary R/o
                  Village - Gamhariya, Ward No. - 13, P.S. - Harlakhi, District - Madhubani.
           2.     Arbaz Ansari @ Mohit Son of Md. Islam Ansari R/o Village - Gamhariya,
                  Ward No. - 13, P.S. - Harlakhi, District - Madhubani.
                                                                               ... ... Petitioner/s
                                                      Versus
                 The State of Bihar
                                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Ravi Prakash, Advocate
                 For the Opposite Party/s :       Mr. Sanjay Kumar Sharma, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   19-01-2026                    Heard learned counsel for the petitioners and learned

                   APP for the State.

                               2. The petitioners apprehend their arrest in connection

                   with Basopatti P.S. Case No. 217 of 2025 instituted for the

                   offences under Sections 274, 275, 3(5) of the Bharatiya Nyaya

                   Sanhita, 2023 and 30(a) of the Bihar Prohibition and Excise

                   Act.

                               3. The prosecution case, in short, is that total 126 litres

                   of liquor was recovered from motorcycle.

                               4. Learned counsel for the petitioners submitted that

                   the petitioners have falsely been implicated in the present case.

                   No incriminating article has been recovered from the conscious

                   possession of the petitioners. Learned counsel further submitted
           Patna High Court CR. MISC. No.1971 of 2026(2) dt.19-01-2026
                                                       2/2




                     that petitioners are neither the owner nor the driver of the

                     vehicle. The petitioners have got no concern with the alleged

                     recovery of liquor. Learned counsel further submitted that,

                     prima-facie, no case is made out against the petitioners. The

                     petitioner no. 1 has two criminal antecedents whereas petitioner

                     no. 2 has one criminal antecedent. There is no compliance of

                     Section 103 of the Bharatiya Nyaya Sanhita, 2023.

                                 5. Learned APP for the State has vehemently opposed

                     the prayer for grant of bail to the petitioners.

                                  6. Considering the aforesaid facts and circumstances

                     of the case, let the petitioners 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)

                     each with two sureties of the like amount each to the satisfaction

                     of Court below/concerned Court in connection with Basopatti

                     P.S. Case No. 217 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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