Patna High Court

Somu KumarversusThe State of Bihar

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

Holding

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

Summary

The petitioner, Somu Kumar, sought anticipatory bail fearing arrest in a case (Jam P.S. Case No. 1244 of 2024) concerning the alleged illegal transport of 1,110.6 litres of liquor, an offence under Section 30(a) of the Bihar Prohibition and Excise Act. The prosecution alleged the liquor was recovered from a truck owned by the petitioner, but no incriminating article was found in his personal possession. The petitioner contended he was falsely implicated, had no knowledge of the goods, and had no prior criminal record, also noting non‑compliance with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023. The State opposed the bail. The Court, after considering the circumstances, granted anticipatory bail on the condition of a Rs.15,000 bond and two sureties, invoking Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023.

Issues considered

Whether anticipatory bail can be granted to the petitioner under Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023 in the context of alleged offences under Section 30(a) of the Bihar Prohibition and Excise Act.
Whether the prosecution has established a prima facie case against the petitioner.
Whether the requirements of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023 have been complied with.

Legislation cited

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

Subjects

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

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.2700 of 2026
                       Arising Out of PS. Case No.-1244 Year-2024 Thana- Excise P.S. District- Jamui
                 ======================================================
                 Somu Kumar Son of Sitarma Chaudhary Resident of Village- Damodarpur,
                 P.S.- Kanti, District- Muzaffarpur, Bihar

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Ms. Ankita Kumari, Advocate
                 For the Opposite Party/s :         Ms. Meena Singh, 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 Jam P.S. Case No. 1244 of 2024 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 1110.600

                   litres of liquor was recovered from truck.

                               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. It is further submitted that the name

                   of the petitioner has transpired as being the owner of the vehicle
           Patna High Court CR. MISC. No.2700 of 2026(2) dt.19-01-2026
                                                       2/2




                     in question and has no knowledge regarding the goods loaded in

                     the vehicle. 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 Jam P.S. Case No.

                     1244 of 2024, 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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