Patna High Court

Ravi KumarversusThe State of Bihar

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

Holding

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

Summary

The petitioner, Ravi Kumar, sought anticipatory bail fearing arrest in a case (Barun P.S. Case No. 517/2025) under Section 30(a) of the Bihar Prohibition and Excise Act, where 187.8 litres of liquor were allegedly recovered from his motorcycle. He contended that he was falsely implicated, being merely the vehicle owner with no knowledge of the contraband, and highlighted that the co-accused had already been granted bail. The State opposed the bail, arguing the existence of a prima facie case. The court noted the lack of compliance with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, and found no sufficient ground to deny bail. Consequently, the court granted anticipatory bail, subject to a bond of Rs. 15,000 and two sureties, and conditions under Section 482(2) of the same act.

Issues considered

Whether the petitioner is entitled to anticipatory bail in the present case
Whether a prima facie case exists 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 103
Section 482(2)
false implication
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.4015 of 2026
                      Arising Out of PS. Case No.-517 Year-2025 Thana- BARUN District- Aurangabad
                 ======================================================
                 Ravi Kumar S/O Indradev Singh R/O Vill.- Munshi Bigha, P.S-Barun, Dist-
                 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   30-01-2026                    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. 517/2025 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 187.8

                   litres of liquor was recovered from motorcycle as also from jute

                   sack.

                               4. Learned counsel for the petitioner submitted that the

                   petitioner has falsely been implicated in the present case.It is

                   further submitted that the name of the petitioner has transpired

                   as being the owner of the vehicle in question and has no
             Patna High Court CR. MISC. No.4015 of 2026(2) dt.30-01-2026
                                                         2/2




                       knowledge regarding the goods loaded in the vehicle. Petitioner

                       has no concern with the alleged recovery. The other co-accused

                       person has already been granted bail by this court vide order

                       dated 19.01.2026 passed in Cr. Misc. No. 91054/2025. Learned

                       counsel, therefore, submitted that prima-facie, no case is made

                       out against the petitioner. The petitioner has two criminal

                       antecedents. 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 Barun P.S. Case No.

                       517/2025, 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

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