Patna High Court
Omkar KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
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
- Bharatiya Nagarika Suraksha Sanhita, 2023 — s. 103, 482(2)
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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