Patna High Court

Raj Kapoor YadavversusThe 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 the conditions imposed under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Summary

The petitioner, Raj Kapoor Yadav, was implicated in a case (PS No. 207 of 2024) under Section 30(a) of the Bihar Prohibition and Excise Act for the alleged recovery of 180 litres of liquor from two motorcycles, one of which was registered in his name. He pleaded innocence, asserting no criminal antecedent, no possession of the liquor, and no knowledge of the recovery, and argued that the prosecution had not complied with Section 103 of the B.N.S.S., 2023. The State opposed his bail application. The Court examined the material on record and found no prima facie case against him, noting the lack of incriminating evidence in his possession. Consequently, the Court granted anticipatory bail, directing the petitioner to surrender within six weeks and to furnish a bail bond of Rs.15,000 with two sureties, subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Issues considered

Whether the petitioner is entitled to anticipatory bail under the circumstances.
Whether the prosecution has established a prima facie case under Section 30(a) of the Bihar Prohibition and Excise Act.
Whether the non‑compliance of Section 103 of the B.N.S.S., 2023, precludes the grant of bail.

Legislation cited

Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
B.N.S.S., 2023 — s. 103

Subjects

anticipatory bail
bail
Bihar Prohibition and Excise Act
Section 30(a)
Bharatiya Nagarik Suraksha Sanhita
Section 482(2)
Section 103
liquor seizure
false implication

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.7094 of 2026
                   Arising Out of PS. Case No.-207 Year-2024 Thana- Excise Benipatti District- Madhubani
                 ======================================================
                 Raj Kapoor Yadav S/O Vashisht Yadav R/O Vill. - Kyamchak, P.s.-Keoti,
                 Dist.- Darbhanga

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr.Girish Chandra Jha, Advocate
                 For the Opposite Party/s :         Mr.Nitya Nand Tiwary, APP
                 ======================================================
                 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 is apprehending arrest in Bennipatti

                   P.S. case No. 207 of 2024 registered under Section 30(a) of the

                   Bihar Prohibition and Excise Act.

                                3. The prosecution allegation, in short, is that 180

                   liters liquor was recovered from two motorcycles.

                                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 criminal antecedent. No

                   incriminating material has been recovered from the conscious

                   possession of the petitioner. It is further submitted that the name

                   of the petitioner has transpired as being owner of one of the
           Patna High Court CR. MISC. No.7094 of 2026(2) dt.04-02-2026
                                                        2/2




                     motorcycles in question. The petitioner has got no knowledge

                     and concern with the alleged recovery of liquor. Learned

                     counsel, therefore, submits that prima facie, no case is made out

                     against the petitioner. There is no compliance of Section 103 of

                     B.N.S.S., 2023.

                                 5. Learned A.P.P. 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/- (fifteen thousand) with two sureties of the

                     like    amount       each     to    the    satisfaction   of   the   Court

                     below/concerned Court in connection with Bennipatti P.S. case

                     No. 207 of 2024, subject to the conditions as laid down under

                     Section 482 (2) of Bharatiya Nagarik Suraksha Sanhita, 2023.



                                           (Rudra Prakash Mishra, J)
Pankaj/-

U      T

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