Patna High Court

Ajit Ray @ Ajit Kumar RayversusThe State of Bihar

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

Holding

The Court ordered the grant of anticipatory bail to the petitioner subject to bail bond and surety conditions under Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023.

Summary

The petitioner, Ajit Ray, was implicated in a case (PS Aurai Case No. 211 of 2025) for alleged possession of 816.48 litres of liquor, alleged under Section 30(a) of the Bihar Prohibition and Excise Act. He contended that he was not present at the scene and that his name was only mentioned by co‑accused Deepak Kumar, which he argued lacks evidentiary value. The petitioner also highlighted his clean record and the lack of compliance with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023. The State opposed the bail application. The Court, after considering the submissions, granted anticipatory bail on the condition of a Rs.15,000 bail bond with two sureties, subject to the provisions of Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023.

Issues considered

Whether anticipatory bail should be granted to the petitioner under the circumstances.
Whether a prima facie case exists against the petitioner under Section 30(a) of the Bihar Prohibition and Excise Act.
Whether the requirements of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023 have been complied with.

Legislation cited

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

Subjects

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

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.7869 of 2026
                      Arising Out of PS. Case No.-211 Year-2025 Thana- AURAI District- Muzaffarpur
                 ======================================================
                 Ajit Ray @ Ajit Kumar Ray S/o- Rambriksh Ray R/o- Rajkhand P.S. Aurai
                 District- Muzaffarpur

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Rajkumar Rajesh, Advocate
                 For the Opposite Party/s :        Mrs. Renu Kumari, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   04-02-2026                    Heard Mr. Rajkumar Rajesh, learned counsel for the

                   petitioner and Mrs. Renu Kumari, learned APP for the State.

                               2. The petitioner apprehends his arrest in Aurai P.S.

                   Case No. 211 of 2025 instituted for the offences punishable

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

                               3. The prosecution case, in short, is that total 816.48

                   litres of liquor was recovered from Mahindra pickup vehicle.

                               4. Learned counsel for the petitioner submitted that the

                   petitioner has falsely been implicated in the present case.

                   Petitioner was not present at the spot and rather his name was

                   disclosed by co-accused Deepak Kumar which has no

                   evidentiary value in the eye of law. The petitioner has got no

                   knowledge and concern with the alleged recovery of liquor.
           Patna High Court CR. MISC. No.7869 of 2026(2) dt.04-02-2026
                                                       2/2




                     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 Aurai P.S.

                     Case No. 211 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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