Patna High Court

Sunil SahaversusThe State of Bihar

Decided: 4 February 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

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

Summary

Sunil Saha, the registered owner of a pick‑up truck, was implicated in a case where 1080 litres of liquor were seized, leading to charges under Section 30(a) of the Bihar Prohibition and Excise Act. He argued that he had no knowledge of the contraband, had no criminal record, and that the prosecution had not complied with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, thus no prima facie case existed. The State opposed his bail application. The High Court considered these submissions and, applying its powers under Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023, ordered that the petitioner be released on anticipatory bail if arrested within six weeks, upon furnishing a bail bond of Rs.15,000 with two sureties of the same amount. The order was conditioned on compliance with the stipulated bail conditions.

Issues considered

Whether the petitioner is entitled to anticipatory bail in the absence of a prima facie case.
Whether the prosecution complied with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023.
Whether the ownership of the vehicle alone suffices to implicate the petitioner under Section 30(a) of the Bihar Prohibition and Excise Act.

Legislation cited

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

Subjects

anticipatory bail
liquor seizure
vehicle ownership
Section 30(a)
Section 103
Section 482(2)
Bihar Prohibition and Excise Act
Bharatiya Nagarika Suraksha Sanhita

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                CRIMINAL MISCELLANEOUS No.6592 of 2026
                     Arising Out of PS. Case No.-910 Year-2025 Thana- Excise P.S. District- Kishanganj
                 ======================================================
                 Sunil Saha Son of Sudhir Chandra Saha R/o Milan Pally, Ward no. 25. P.S. -
                 Silliguri, Dist. - Drjeeling, State - West Bengal.
                                                                           ... ... Petitioner/s
                                                        Versus
                 The State of Bihar
                                                                    ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr. Sumit Kumar , Advocate
                 For the Opposite Party/s :         Mr.Md. Iftekhar Mahmood, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   04-02-2026             Heard learned counsel for the petitioner and learned APP

                   for the State.

                           2.       The petitioner apprehends his arrest in connection

                   with Madya Nisedh P.S. Case No. 910 of 2025 (Special Case

                   No. 927 of 2025), instituted for the offences under Sections

                   30(a) of the Bihar Prohibition and Excise Act.

                           3.       The prosecution case, in short, is that total 1080

                   litres of liquor was recovered from Pick-up.

                           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

                   fact that he is the registered owner of the alleged vehicle, and he

                   has no knowledge regarding nature of goods loaded by the

                   driver on the vehicle. The petitioner has got no concern with the
           Patna High Court CR. MISC. No.6592 of 2026(2) dt.04-02-2026
                                                       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.

                             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 Madya Nisedh P.S.

                     Case No. 910 of 2025 (Special Case No. 927 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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