Patna High Court

Vishal KumarversusThe State of Bihar

Decided: 30 January 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The Court held that anticipatory bail was appropriate as no prima facie case existed against the petitioner and the conditions of Section 482(2) were satisfied.

Summary

The petitioner, Vishal Kumar, sought anticipatory bail fearing arrest in a case (Khagaul PS No. 280/2025) alleging violation of Section 30(a) of the Bihar Prohibition and Excise Act for the recovery of 105.75 litres of liquor from two vehicles. He contended that he was falsely implicated, had no connection with the vehicles or the liquor, possessed no criminal antecedents, and that the prosecution had not complied with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023. The State opposed the bail, arguing the seriousness of the offence. The Court examined whether a prima facie case existed against the petitioner and whether anticipatory bail could be granted under Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023. Finding the prosecution’s case insufficient and noting the petitioner’s clean record, the Court ordered anticipatory bail with a bond of Rs.15,000 and two sureties, subject to the conditions of Section 482(2).

Issues considered

Whether anticipatory bail can be granted to the petitioner under Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023.
Whether the prosecution has established a prima facie case against the petitioner under Section 30(a) of the Bihar Prohibition and Excise Act.
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
Bihar Prohibition and Excise Act
Bharatiya Nagarika Suraksha Sanhita
section 30(a)
section 482(2)
section 103
false implication
liquor seizure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.3941 of 2026
                       Arising Out of PS. Case No.-280 Year-2025 Thana- KHAGAUL District- Patna
                 ======================================================
                 Vishal Kumar S/o- Gopal Rai Village- Usari PS- Shahpur Distt- Patna

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Shashank Shekhar, Advocate
                 For the Opposite Party/s :       Mr. Ashok Kumar Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   30-01-2026                   Heard learned counsel for the petitioner and learned

                   APP for the State.

                               2. The petitioner apprehends his arrest in connection

                   with Khagaul P.S. Case No. 280/2025 instituted for the offences

                   under Sections 30(a) of the Bihar Prohibition and Excise Act.

                               3. The prosecution case, in short, is that total 105.75

                   litres of liquor was recovered from two cars.

                               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 in no

                   manner connected with the vehicles in question or with the

                   alleged recovery of liquor. The other co-accused persons have

                   already been granted bail by this court vide order dated

                   17.11.2025 passed in Cr. Misc. No. 77521/2025. Learned
             Patna High Court CR. MISC. No.3941 of 2026(2) dt.30-01-2026
                                                         2/2




                       counsel, therefore, 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 Khagaul P.S.

                       Case No. 280/2025, subject to the conditions as laid down under

                       Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita,

                       2023.



                                             (Rudra Prakash Mishra, J)
atul/-

U        T

Continue reading with your account

Checking your session…