Patna High Court

Manjeet RayversusThe 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 and surety conditions, under Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023.

Summary

Manjeet Ray sought anticipatory bail after being implicated in an excise case (Case No. 2461/2025) for alleged possession of 150 litres of liquor recovered from a CNG tempo, alleged offences under Sections 30(a), 41 and 56(b) of the Bihar Prohibition and Excise Act. The petitioner claimed he was falsely implicated, had no criminal antecedent, and that the co‑accused had already been granted bail. He also argued that the prosecution had not complied with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023. The State opposed the bail. The Court, after considering the submissions, ordered that the petitioner be released on anticipatory bail, subject to a bond of Rs. 15,000 and two sureties, and conditioned on compliance with Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023.

Issues considered

Whether anticipatory bail should be granted to the petitioner in the excise case.
Whether the prosecution has made a prima facie case against the petitioner.
Whether the requirements of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023 have been complied with.
Whether Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023 can be invoked to grant anticipatory bail.

Legislation cited

Bharatiya Nagarika Suraksha Sanhita, 2023 — s. 103, 482(2)

Subjects

anticipatory bail
excise offence
liquor seizure
false implication
Section 103
Section 482
Bihar Prohibition and Excise Act

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.4348 of 2026
                       Arising Out of PS. Case No.-2461 Year-2025 Thana- Excise P.S. District- Patna
                 ======================================================
                 Manjeet Ray S/O Panchhi Ray R/O Sukumarpur, P.S.- Raghopur, Dist.-
                 Vaishali. At Present Maruganj, P.S.- Malsalami, Dist.- Patna.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr. Nityanand Kumar, Advocate
                 For the Opposite Party/s :         Mr. Madan Kumar, 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 Excise P.S. Case No. 2461/2025 instituted for the offences

                   under Sections 30(a), 41 and 56(b) of the Bihar Prohibition and

                   Excise Act.

                               3. The prosecution case, in short, is that total 150 litres

                   of liquor was recovered from CNG tempo.

                               4. Learned counsel for the petitioner submitted that the

                   petitioner has falsely been implicated in the present case. The

                   petitioner has got no concern with the alleged recovery of

                   liquor. The apprehended person disclosed the name of the

                   petitioner. Learned counsel, therefore, submitted that prima-
             Patna High Court CR. MISC. No.4348 of 2026(2) dt.30-01-2026
                                                         2/2




                       facie, no case is made out against the petitioner. The other co-

                       accused person has already been granted bail by this court vide

                       order dated 04.12.2025 passed in Cr. Misc. No. 84224/2025.

                       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 Excise P.S.

                       Case No. 2461/2025 , 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…