Patna High Court

Abhishek Kumar @ Abhishek RayversusThe 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 a bail bond, sureties and the conditions prescribed under Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023.

Summary

The petitioner, Abhishek Kumar, feared arrest in a case involving the alleged recovery of 2,520 litres of liquor from a truck, with charges under Sections 338, 336(3), 111(1) of the Bharatiya Nyaya Sanhita, 2023 and Sections 30(a), 41(1) of the Bihar Prohibition and Excise Act. The prosecution alleged the liquor seizure, while the petitioner’s counsel argued that he was neither the owner nor the driver, had no knowledge of the liquor, and had no criminal antecedent, asserting that no prima‑facie case existed and that Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023 had not been complied with. The State opposed the bail application. The Court, after considering the submissions, ordered that the petitioner be released on anticipatory bail if arrested or surrendered within six weeks, upon furnishing a bail bond of Rs 15,000 with two sureties of the same amount, subject to the conditions of Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023.

Issues considered

Whether the petitioner is entitled to anticipatory bail in the absence of a prima‑facie case.
Whether the prosecution has complied with the procedural requirements of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023.
Whether the conditions under Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023 justify granting anticipatory bail.

Legislation cited

Bharatiya Nagarika Suraksha Sanhita, 2023 — s. 103, 482(2)
Bharatiya Nyaya Sanhita, 2023 — s. 111(1), 336(3), 338

Subjects

anticipatory bail
liquor seizure
Bihar Prohibition and Excise Act
Bharatiya Nyaya Sanhita
Bharatiya Nagarika Suraksha Sanhita
false implication
Section 103
Section 482
bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.6277 of 2026
                        Arising Out of PS. Case No.-367 Year-2025 Thana- ARARIA District- Araria
                 ======================================================
                 Abhishek Kumar @ Abhishek Ray S/o Basawan Ray R/o Village - Jatkauli
                 Kanhaily, P.S - Vaishali, District - Vaishali

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Manoj Kumar, Advocate
                 For the Opposite Party/s :       Ms. Sangeeta Sharma, 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 Araria P.S. Case No. 367 of 2025 instituted for the offences

                   under Sections 338, 336(3), 111(1) of the Bharatiya Nyaya

                   Sanhita, 2023 and Sections 30(a), 41(1) of the Bihar Prohibition

                   and Excise Act.

                               3. The prosecution case, in short, is that total 2520

                   litres of liquor was recovered from Truck.

                               4. Learned counsel for the petitioner submitted that the

                   petitioner has falsely been implicated in the present case.

                   Learned counsel further submitted that petitioner is neither the

                   owner nor the driver of the vehicle. The petitioner has got no
           Patna High Court CR. MISC. No.6277 of 2026(2) dt.03-02-2026
                                                       2/2




                     knowledge and 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 no 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 Araria P.S.

                     Case No. 367 of 2025, subject to the conditions as laid down

                     under Section 482(2) of the Bharatiya Nagarika Suraksha

                     Sanhita, 2023.



                                           (Rudra Prakash Mishra, J)
Alok Verma/-

U      T

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