Patna High Court

Ranjan KumarversusThe State of Bihar

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

Holding

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

Summary

The petitioner, Ranjan Kumar, feared arrest in a case (Risiyap P.S. Case No. 106 of 2025) involving alleged offences under Sections 30(a) and 41 of the Bihar Prohibition and Excise Act, where 81.400 litres of liquor were seized from co‑accused Akshay Kumar. The petitioner’s name was linked to the case solely through the co‑accused’s confessional statement, and he claimed no criminal antecedent and no compliance with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023. The State opposed the bail application. The Court examined whether a prima facie case existed and whether anticipatory bail was appropriate under Section 482(2) of the Bharatiya Nagarika Nagarika Suraksha Sanhita, 2023. Finding insufficient grounds for immediate arrest, the Court granted anticipatory bail, subject to a bail bond of Rs.15,000 and two sureties, and imposed conditions under the said section. The order was pronounced by Justice Rudra Prakash Mishra.

Issues considered

Whether anticipatory bail should be granted to the petitioner under the circumstances.
Whether the prosecution has made out 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 authorises the grant of anticipatory bail in this case.

Legislation cited

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

Subjects

anticipatory bail
Bihar Prohibition and Excise Act
Bharatiya Nagarika Suraksha Sanhita
Section 103
Section 482(2)
confessional statement
prima facie case
bail bond

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                CRIMINAL MISCELLANEOUS No.5584 of 2026
                     Arising Out of PS. Case No.-106 Year-2025 Thana- RISIYAP District- Aurangabad
                 ======================================================
                 Ranjan Kumar S/O Satendra Ram @ Satyendra Ram R/O Vill.- Mirajpur,p.s-
                 Risiyap, Dist.- Aurangabad (Bihar)
                                                                       ... ... Petitioner/s
                                                    Versus
                 The State of Bihar
                                                                ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Shailesh Kumar Singh, Advocate
                 For the Opposite Party/s :       Mr.Ajay Kumar No. 2, A.P.P.
                 ======================================================
                 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 Risiyap P.S. Case No. 106 of 2025, instituted for the

                   offences under Sections 30(a) and 41 of the Bihar Prohibition

                   and Excise Act.

                           3.       The prosecution case, in short, is that total 81.400

                   litres of liquor was recovered from the house of co-accused

                   Akshay Kumar @ Vikash Ram.

                           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 on the basis of

                   confessional statement of co-accused Akshay Kumar. The

                   petitioner has got no concern with the alleged recovery of
           Patna High Court CR. MISC. No.5584 of 2026(2) dt.03-02-2026
                                                       2/2




                     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.

                             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 Risiyap P.S. Case

                     No. 106 of 2025, subject to the conditions as laid down under

                     Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita,

                     2023.



                                           (Rudra Prakash Mishra, J)
manish/-

U      T

Continue reading with your account

Checking your session…