Patna High Court

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

Summary

The petitioner, Raja Kumar Ram Nibash Ray, sought anticipatory bail fearing arrest in a case (Desari P.S. Case No. 390 of 2025) under Section 30(a) of the Bihar Prohibition and Excise Act for allegedly possessing 120 litres of country-made liquor. The prosecution alleged that the liquor was recovered from a bicycle, while the petitioner contended that he was falsely implicated based solely on the testimony of Sukhari Rai and had no criminal antecedent. The petitioner argued that the investigation failed to comply with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, rendering the case prima facie weak. The State opposed the bail, but the Court considered the lack of substantive evidence and the statutory safeguards. The Court ordered that, if the petitioner surrenders within six weeks, he shall be released on anticipatory bail upon furnishing a bail bond of Rs.15,000 with two sureties, subject to conditions 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 case
Whether the investigation complied with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023
Whether there is sufficient prima facie evidence to deny bail

Legislation cited

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

Subjects

anticipatory bail
false implication
Bihar Prohibition and Excise Act
Bharatiya Nagarika Suraksha Sanhita
Section 103
Section 482(2)
bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                CRIMINAL MISCELLANEOUS No.5849 of 2026
                        Arising Out of PS. Case No.-390 Year-2025 Thana- DESARI District- Vaishali
                 ======================================================
                 Raja Kumar Ram Nibash Ray R/o Village - Nayagaon, P.S. - Desari, Dist. -
                 Vaishali.
                                                                        ... ... Petitioner/s
                                               Versus
                 The State of Bihar
                                                                 ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Vinod Pandey, Advocate
                 For the Opposite Party/s :        Mr.Syed Mojibur Rahman, 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 Desari P.S. Case No. 390 of 2025,                       instituted for the

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

                   Act.

                           3.       The prosecution case, in short, is that total total 120

                   litres of country made liquor was recovered from bicycle.

                           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

                   Sukhari Rai. The petitioner has got no concern with the alleged

                   recovery of liquor. The petitioner has no criminal antecedent.

                   There is no compliance of Section 103 of the Bharatiya
           Patna High Court CR. MISC. No.5849 of 2026(2) dt.03-02-2026
                                                       2/2




                     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 Desari P.S.

                     Case No. 390 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

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