Patna High Court
MUKESH RAJVANSHIversusTHE STATE OF BIHAR
- Decided
- 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 Nagarik Suraksha Sanhita, 2023.
Summary
The petitioner, Mukesh Rajvanshi, sought anticipatory bail after fearing arrest in a case (Sirdalla P.S. Case No. 445 of 2025) alleging possession of 15 litres of liquor recovered from his house, alleged under Sections 30(a) and 41 of the Bihar Prohibition and Excise Act. The petitioner claimed innocence, arguing that the liquor was found in a joint family house and his name was mentioned only based on a local watchman's disclosure, with no prima‑facie case against him. He also highlighted that a co‑accused had already been granted regular bail and that there was no compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The State opposed the bail. Considering the facts, the Court granted anticipatory bail, directing the petitioner to surrender within six weeks and to furnish bail bonds and sureties, subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Issues considered
- Whether anticipatory bail can be granted to the petitioner under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 in a case under the Bihar Prohibition and Excise Act.
- Whether a prima‑facie case exists against the petitioner to justify denial of bail.
- Whether the non‑compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023 affects the grant of bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 103, 482(2)
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- Bharatiya Nagarik Suraksha Sanhita
- liquor possession
- bail conditions
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6218 of 2026
Arising Out of PS. Case No.-445 Year-2025 Thana- SIRDALA District- Nawada
======================================================
MUKESH RAJVANSHI S/O Late Rambrikcsh Rajvanshi Resident Of
Village- Kushahan Chak, (Chak Par), P.s.- Sirdalla District- Nawada
... ... Petitioner/s
Versus
The State Of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sheo Nandan Prasad, Advocate
For the Opposite Party/s : Mr. Ramesh Chandra, 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 arrest in connection with
Sirdalla P.S. Case No. 445 of 2025, registered under Sections
30(a) and 41 of the Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that total 15 liters
liquor has been recovered from the house of the petitioner.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
present case. The petitioner has got no concern with the alleged
recovery of liquor. Learned counsel for the petitioner also
submitted that the alleged recovery has been made from the
house of the petitioner and the same is joint house where other
family members also reside. It is next submitted that name of
the petitioner has transpired in this case on the basis of
Patna High Court CR. MISC. No.6218 of 2026(2) dt.03-02-2026
2/2
disclosure made by local chaukidar. Learned counsel for the
petitioner, therefore, contends that prima-facie, no case is made
out against the petitioner. The petitioner has got two criminal
antecedents in which he is on bail. Learned counsel for the
petitioner further submits that other co-accused has been granted
regular bail by this Court vide order dated 19.01.2026 passed in
Cr. Misc. No. 2412 of 2026. There is no compliance of Section
103 of the Bharatiya Nagarik 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,
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 Sirdalla P.S. Case
No. 445 of 2025, subject to the conditions as laid down under
Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita,
2023.
(Rudra Prakash Mishra, J)
Rajorshi/-
U T
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