Patna High Court

Ranjeet ChaudharyversusThe State of Bihar

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

Holding

The Court held that, given the lack of incriminating evidence and non‑compliance with Section 103, anticipatory bail is warranted under Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023.

Summary

The petitioner, Ranjeet Chaudhary, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Prohibition and Excise Act where 10 litres of liquor were allegedly recovered from his house. The petitioner argued that no incriminating article was found in his conscious possession, the recovery was from a public open area, and there was no compliance with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023. The State opposed the bail. The Court examined the lack of a prima facie case and the statutory provisions governing anticipatory bail. It ordered that the petitioner be released on anticipatory bail upon furnishing bail bonds and sureties, subject to conditions under Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023. The order also set a six‑week window for surrender to the lower court.

Issues considered

Whether anticipatory bail can be granted under Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023 in the present circumstances.
Whether the absence of incriminating material in the petitioner's possession and non‑compliance with Section 103 preclude a prima facie case.
Whether the prosecution has established sufficient grounds for arrest under Section 30(a) of the Bihar Prohibition and Excise Act.

Legislation cited

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

Subjects

anticipatory bail
Bihar Prohibition and Excise Act
Bharatiya Nagarika Suraksha Sanhita
Section 30(a)
Section 103
Section 482(2)
criminal procedure
bail bond
prima facie case

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.2395 of 2026
                       Arising Out of PS. Case No.-341 Year-2025 Thana- DORIGANJ District- Saran
                 ======================================================
                 Ranjeet Chaudhary S/o Lalbabu Chaudhary @ Babu Chaudhary R/V.-
                 Bhairopur, P.S.- Doriganj, Dist.- Saran
                                                                    ... ... Petitioner/s
                                                      Versus
                 The State of Bihar
                                                             ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Sanjeet Kumar Singh, Advocate
                 For the Opposite Party/s :       Mr. Bishweshwar Ram, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

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

                   APP for the State.

                               2. The petitioner apprehends his arrest in connection

                   with Doriganj P.S. Case No. 341 of 2025 instituted for the

                   offences punishable under Section 30(a)                        of the Bihar

                   Prohibition and Excise Act.

                               3. The prosecution case, in short, is that total 145 litres

                   of liquor was recovered, out of which 10 litres of liquor has

                   been recovered from the house of the petitioner.

                               4. Learned counsel for the petitioner submitted that the

                   petitioner has falsely been implicated in the present case. No

                   incriminating article has been recovered from the conscious

                   possession of the petitioner. Learned counsel further submitted

                   that petitioner has no knowledge and concern with the alleged
           Patna High Court CR. MISC. No.2395 of 2026(2) dt.19-01-2026
                                                       2/2




                     recovery. Learned counsel further submitted that the alleged

                     recovery has been made from outside the house of the petitioner

                     i.e. an open place which is accessible to public at large. Learned

                     counsel further 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 lower court 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 Doriganj P.S. Case

                     No. 341 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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