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Patna High Court

Omkar KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

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

Summary

The petitioner, Omkar Kumar, sought anticipatory bail fearing arrest in an excise case where 100 litres of liquor were recovered from a motorcycle. He contended that he neither owned the vehicle nor had possession of the liquor and was falsely implicated. The prosecution alleged offences under Sections 30(a) and 47 of the Bihar Prohibition and Excise Act. The petitioner’s counsel highlighted the lack of a prima facie case and the non‑compliance of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023. The court, after considering the submissions, granted anticipatory bail subject to a bail bond of Rs.15,000 with two sureties, to be filed within six weeks of arrest, under Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023.

Issues considered

  • Whether anticipatory bail can be granted under Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023 in the present excise case.
  • Whether the prosecution has made out a prima facie case against the petitioner.

Legislation cited

Subjects

  • anticipatory bail
  • excise offence
  • liquor seizure
  • false implication
  • Section 482
  • Section 103
  • bail conditions
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.4775 of 2026
                      Arising Out of PS. Case No.-787 Year-2025 Thana- Excise P.S. District- Nawada
                 ======================================================
                 Omkar Kumar Son of Mahendra Yadav Resident of Village- Losinghana, P.S.-
                 Akbarpur, District- Nawada

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mrs. Nidhi Anand, Advocate
                 For the Opposite Party/s :        Mr. Anil Kumar Singh No. 1, 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 Nawada P.S. Case No. 787/2025 instituted for the

                   offences under Sections 30(a) and 47 of the Bihar Prohibition

                   and Excise Act.

                                3. The prosecution case, in short, is that total 100

                   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.

                   Nothing has been recovered from the conscious possession of

                   the petitioner. Learned counsel further submitted that petitioner

                   is not the owner of the vehicle. The petitioner has got no
             Patna High Court CR. MISC. No.4775 of 2026(2) dt.30-01-2026
                                                         2/2




                       concern with the alleged recovery of liquor. Learned counsel,

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

                       against the petitioner. The petitioner has one 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

                       Nawada P.S. Case No. 787/2025, 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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