Patna High Court

Deelip Ram @ Deelip 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 the conditions prescribed under Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023.

Summary

The petitioner, Deelip Ram, feared arrest in a case (Baniyapur PS No. 393 of 2025) alleging violation of Section 30(a) of the Bihar Prohibition and Excise Act, where 90 litres of liquor and related items were recovered from a riverbank. The prosecution’s case is based on a confessional statement of a co‑accused who implicated the petitioner, although the petitioner claims no knowledge of the recovery and no prior criminal record. Counsel argued that the recovery occurred in a public open place, that no prima‑facie case exists against the petitioner, and that the investigation failed to comply with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023. The State opposed the bail application. Considering these submissions, the Court granted anticipatory bail, directing the petitioner to surrender within six weeks, furnish a bail bond of Rs 15,000 with two sureties, and comply 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 absence of a prima facie case.
Whether the investigation complied with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023.
Whether the conditions under Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023, justify granting anticipatory bail.

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)
confessional statement
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.3200 of 2026
                       Arising Out of PS. Case No.-393 Year-2025 Thana- BANIAPUR District- Saran
                 ======================================================
                 Deelip Ram @ Deelip Kumar S/O Kanhaiya Ram R/O Village- Pithauri, P.S-
                 Baniyapur, Distt.- Saran.
                                                                      ... ... Petitioner/s
                                               Versus
                 The State of Bihar
                                                               ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Ms. Mili Kumari, Advocate
                 For the Opposite Party/s :       Ms. Renu Kumari, 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 Baniyapur P.S. Case No. 393 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 90 litres

                   of liquor along with gas cylinder, iron furnace, big jar and

                   drums were recovered near the bank of the river.

                               4. Learned counsel for the petitioner submitted that the

                   petitioner has falsely been implicated in the present case. The

                   name of the petitioner transpired in this case on the basis of

                   confessional statement of the apprehended co-accused. Learned

                   counsel further submitted that petitioner has no knowledge and
           Patna High Court CR. MISC. No.3200 of 2026(2) dt.19-01-2026
                                                       2/2




                     concern with the alleged recovery. Learned counsel further

                     submitted that the alleged recovery has been made from 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 Baniyapur P.S. Case

                     No. 393 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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