Patna High Court

Rahul KumarversusThe State of Bihar

Decided: 3 February 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The Court held that anticipatory bail should be granted to the petitioner subject to the conditions prescribed under Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023.

Summary

The petitioner, Rahul Kumar, sought anticipatory bail fearing arrest in a case (PS No. 239 of 2023) involving the alleged recovery of 387 litres of illicit liquor from his car, alleged under Section 30(a) of the Bihar Prohibition and Excise Act. The prosecution alleged the liquor was in his vehicle, while the petitioner claimed he was unaware of the contraband, had no criminal antecedent, and that the investigation failed to comply with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023. The petitioner also highlighted that a co‑accused had already been granted bail in a related matter. The State opposed the bail. The Court, after considering the facts, found no prima facie case against the petitioner and ordered that, upon arrest or surrender within six weeks, he be released on anticipatory bail with a bond of Rs.15,000 and two sureties, subject to conditions under Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023.

Issues considered

Whether anticipatory bail should be granted to the petitioner in the offence under Section 30(a) of the Bihar Prohibition and Excise Act.
Whether the prosecution has made a prima facie case against the petitioner.
Whether the investigation complied with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023.

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)
high court
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                CRIMINAL MISCELLANEOUS No.5527 of 2026
                   Arising Out of PS. Case No.-239 Year-2023 Thana- DARBHANGA District- Darbhanga
                 ======================================================
                 Rahul Kumar Son of Sri Sukhanandan Ray @ Sukh Nandan Ray Resident of
                 Village - Katraul, Ward No.- 10, P.S.- Jale (Jalley), District - Darbhanga.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Manish Kumar No 13, Advocate
                 For the Opposite Party/s :      Mr. Pradeep Narain Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   03-02-2026             Heard learned counsel for the petitioner and learned APP

                   for the State.

                           2.       The petitioner apprehends his arrest in connection

                   with Town (Kotwali O.P.) PS Case No. 239 of 2023 instituted

                   for the offences under Section 30(a) of the Bihar Prohibition and

                   Excise Act.

                           3.       The prosecution case, in short, is that total 387

                   litres of liquor was recovered from car.

                           4.       Learned counsel for the petitioner submitted that

                   the petitioner has falsely been implicated in the present case.

                   The name of the petitioner transpired in this case as being owner

                   of the car in question and he was not aware that illicit liquor was

                   loaded in the vehicle. The petitioner has got no concern with the
           Patna High Court CR. MISC. No.5527 of 2026(2) dt.03-02-2026
                                                       2/2




                     alleged recovery of liquor. The petitioner has no criminal

                     antecedent. There is no compliance of Section 103 of the

                     Bharatiya Nagarika Suraksha Sanhita, 2023. Learned counsel

                     for the petitioner, therefore, contends that prima-facie no case is

                     made out against the petitioner. Other co-accused has been

                     granted bail by this Court vide order dated 16.02.2024, passed

                     in Cr. Misc. No. 7658 of 2024.

                             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/- (Fifteen thousand) with two

                     sureties of the like amount each to the satisfaction of Court

                     below/concerned Court in connection with Town (Kotwali O.P.)

                     PS Case No. 239 of 2023, subject to the conditions as laid down

                     under Section 482(2) of the Bharatiya Nagarika Suraksha

                     Sanhita, 2023.


                                                                  (Rudra Prakash Mishra, J)

Raj Kishore/-

U      T

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