Patna High Court

Suresh ThakurversusThe 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 bond and surety conditions under Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023.

Summary

The petitioner, Suresh Thakur, sought anticipatory bail fearing arrest in a case (Saran Mufassil P.S. Case No. 562 of 2025) for offences under Section 111 of the Bharatiya Nyaya Sanhita, 2023 and Section 30(a) of the Bihar Prohibition and Excise Act, where 336.960 litres of liquor were recovered from his vehicle. The petitioner contended that he was falsely implicated, had no knowledge of the liquor, possessed no criminal antecedent, and that the prosecution had not complied with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023. The State opposed the bail. The Court examined the prima facie lack of case against the petitioner and, invoking Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023, granted anticipatory bail subject to a bond of Rs. 15,000 and two sureties of equal amount, to be executed within six weeks of arrest or surrender.

Issues considered

Whether the petitioner is entitled to anticipatory bail in the present case
Whether a prima facie case exists against the petitioner under the alleged offences
Whether the prosecution has complied with the procedural requirements of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023
Whether Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023, can be invoked to grant anticipatory bail

Legislation cited

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

Subjects

anticipatory bail
false implication
liquor seizure
Section 111
Section 30(a)
Section 482
criminal procedure
bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.7974 of 2026
                  Arising Out of PS. Case No.-562 Year-2025 Thana- CHAPRA MUFFASIL District- Saran
                 ======================================================
                 Suresh Thakur Son of Suraj Narayan Thakur @ Surj Narayan Thakur
                 Resident of Ward No. 10, Ramkhetari, Rajkhand, P.S.- Aurai, District-
                 Muzaffarpur

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Dewendra Narayan Singh, Advocate
                 For the Opposite Party/s :      Mr. Arun Kumar Singh, 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 apprehends his arrest in connection

                   with Saran Mufassil P.S. Case No. 562 of 2025 instituted for the

                   offences punishable under Sections 111 of the Bharatiya Nyaya

                   Sanhita, 2023 and 30(a) of the Bihar Prohibition and Excise

                   Act.

                               3. The prosecution case, in short, is that total 336.960

                   litres of liquor was recovered from car.

                               4. Learned counsel for the petitioner submitted that the

                   petitioner has falsely been implicated in the present case.It is

                   further submitted that the name of the petitioner has transpired

                   as being the owner of the vehicle in question and has no
           Patna High Court CR. MISC. No.7974 of 2026(2) dt.04-02-2026
                                                       2/2




                     knowledge regarding the goods loaded in the vehicle. Petitioner

                     has no concern with the alleged recovery. 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 lower court 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 Saran Mufassil P.S.

                     Case No. 562 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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