Patna High Court

Bihari BhagatversusThe State of Bihar

Decided: 17 February 2026
Disposal: BAIL GRANTED
Bench: ANIL KUMAR SINHA

Holding

Anticipatory bail is granted to the petitioner under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Summary

The petitioner, Bihari Bhagat, applied for anticipatory bail in a case alleging violation of Section 30(a) of the Bihar Prohibition and Excise Act for manufacturing illicit liquor. The police claimed to have recovered 140 litres of country-made liquor from an open area near the Ganga Diyara, not from the petitioner’s premises, and that the petitioner fled when the raid was conducted. The petitioner contended that he was falsely implicated based on villagers' information and that no liquor was seized from his property. The Court examined the facts, noting the absence of any seizure from the petitioner’s premises and the open nature of the area where the liquor was found. Relying on Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, the Court granted anticipatory bail, directing the petitioner to furnish a bail bond of Rs.10,000 with two sureties if arrested within four weeks.

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 Section 30(a) of the Bihar Prohibition and Excise Act.
Whether the petitioner’s alleged involvement in the illicit liquor manufacture is sufficiently established to deny bail.

Legislation cited

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

Subjects

anticipatory bail
illicit liquor
Section 30
Section 482
bail jurisprudence
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA

                              CRIMINAL MISCELLANEOUS No.7934 of 2026
                      Arising Out of PS. Case No.-90 Year-2025 Thana- PIPRIYA District- Lakhisarai
                 ======================================================
                 Bihari Bhagat Son of Dhovi Bhagat R/o Village- Basauna, P.S.- Piparia,
                 District- Lakhisarai

                                                                                    ... ... Petitioner/s
                                                        Versus

                 The State of Bihar Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Mukesh Kumar
                 For the Opposite Party/s :        Mr.Shailendra Kumar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA

                                                   ORAL ORDER

2   17-02-2026         1.   Heard learned Counsel for the petitioner and learned

                            Additional Public Prosecutor for the State.

                       2.   This application, for grant of anticipatory bail, arises out

                            of Piparia Police Station Case No. 90 of 2025, dated

                            19.10.2025, disclosing offences under Sections 30(a) of

                            the Bihar Prohibition and Excise Act.

                       3.   The prosecution case, as per the First Information Report,

                            is that the police got secret information that the petitioner,

                            along with others, are manufacturing illicit liquor, in the

                            Ganga diyara area, raided the place of occurrence and on

                            seeing the police, three persons fled away. Upon search,

                            the police recovered 140 liters of country made liquor.
Patna High Court CR. MISC. No.7934 of 2026(2) dt.17-02-2026
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              4.   Learned Counsel for the petitioner submits that the

                   petitioner has falsely been implicated in the present case

                   on the basis of disclosure of his name by the villagers. He

                   next submits that illicit liquor has not been recovered

                   from the premises belonging to him; rather, the same has

                   been recovered from near the Ganga Diyara area, which is

                   open space accessible to all and sundry.

              5.   Having regard to the submissions made on behalf of the

                   parties and taking into consideration the fact that illicit

                   liquor has not been recovered from the premises of the

                   petitioner; rather, the same has been recovered from the

                   Ganga Diyara area, which is open space accessible to all

                   and sundry, I am inclined to grant the petitioner privilege

                   of anticipatory bail.

              6. This application is, accordingly, allowed.

              7.   Let the petitioner, above named, in the event of his arrest

                   or surrender before the Court below within four weeks, be

                   released on bail on furnishing bail bond of Rs. 10,000/-

                   (Ten Thousand) each with two sureties of the like amount

                   each to the satisfaction of learned Exclusive Special

                   Excise Court, Lakhisarai, in connection with Piparia

                   Police Station Case No. 90 of 2025, subject to the
            Patna High Court CR. MISC. No.7934 of 2026(2) dt.17-02-2026
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                              condition laid down under Section 482 (2) of the

                              Bharatiya Nagarik Suraksha Sanhita, 2023.



                                                                          (Anil Kumar Sinha, J.)
Prabhakar Anand/-

U √     T   √

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