Patna High Court

Ganesh Kumar @ MannaversusThe 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 a bail bond and sureties, conditioned on compliance with Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023.

Summary

Ganesh Kumar sought anticipatory bail after being implicated in a case alleging possession of 564 litres of liquor, violating Sections 30(a), 32, 41(1) of the Bihar Prohibition and Excise Act and Sections 336(3), 340(2), 338 of the Bharatiya Nyaya Sanhita, 2023. The petitioner contended he was neither the owner nor the driver of the vehicle and that no prima facie case existed, also noting the absence of compliance with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023. The State opposed the bail application. The Court examined the material and, considering the petitioner’s claim of false implication and lack of a prima facie case, granted anticipatory bail subject to a bond of Rs. 15,000 and two sureties, with 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 the cited statutes
Whether the requirements of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023 have been complied with
Whether conditions under Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023 are applicable

Legislation cited

Bharatiya Nagarika Suraksha Sanhita, 2023 — s. 103, 482(2)
Bharatiya Nyaya Sanhita, 2023 — s. 336(3), 338, 340(2)

Subjects

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

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.2705 of 2026
                     Arising Out of PS. Case No.-5 Year-2025 Thana- CHEWARA District- Sheikhpura
                 ======================================================
                 Ganesh Kumar @ Manna Son of Palo Shankar Lal Resident of Village-
                 Hanuman Nagar, P.S.- Sector- 12, Bokaro Steel City Chas, District- Bokaro,
                 Jharkhand

                                                                                  ... ... 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 Chebra P.S. Case No. 5 of 2025 instituted for the offences

                   under Sections 30(a), 32, 41(1) of the Bihar Prohibition and

                   Excise Act and Sections 336(3), 340(2), 338 of the Bharatiya

                   Nyaya Sanhita, 2023.

                               3. The prosecution case, in short, is that total 564 litres

                   of liquor was recovered from car.

                               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.2705 of 2026(2) dt.19-01-2026
                                                       2/2




                     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 one 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 Chebra P.S.

                     Case No. 5 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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