Patna High Court

Ankit 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, Ankit Kumar, sought anticipatory bail fearing arrest in a case (Barun P.S. Case No. 517 of 2025) under Section 30(a) of the Bihar Prohibition and Excise Act, where 28.8 litres of liquor were recovered from a motorcycle. He contended that he was neither the owner nor the driver of the vehicle and had no involvement in the alleged offence, emphasizing his clean criminal record and the alleged non‑compliance of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023. The State opposed the bail application. The Court, after considering the submissions, ordered that the petitioner be released on anticipatory bail if arrested or surrendered within six weeks, upon furnishing a bail bond of Rs. 15,000 with two sureties of equal amount, subject to conditions under 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 a case under Section 30(a) of the Bihar Prohibition and Excise Act.
Whether the alleged non‑compliance of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, bars the grant of 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 482(2)
Section 103
false implication
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.3748 of 2026
                      Arising Out of PS. Case No.-517 Year-2025 Thana- BARUN District- Aurangabad
                 ======================================================
                 Ankit Kumar Son of Upendra Thakur Resident of village - Munshi Bigha,
                 P.S.- Barun, District - Aurangabad.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr. Santosh Kumar Pandey, Advocate
                 For the Opposite Party/s :         Mr. Ram Sumiran Rai, 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 Barun P.S. Case No. 517 of 2025                       instituted for the

                   offences under Section 30(a) of the Bihar Prohibition and Excise

                   Act.

                                3. The prosecution case, in short, is that total 28.8

                   litres of liquor was recovered from motorcycle.

                               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 concern with the alleged recovery of liquor. Petitioner has
           Patna High Court CR. MISC. No.3748 of 2026(2) dt.19-01-2026
                                                       2/2




                     got no concern with the alleged recovery of liquor. 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 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 Barun P.S.

                     Case No. 517 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

Continue reading with your account

Checking your session…