Patna High Court

Bechan SahversusThe State of Bihar

Decided: 15 January 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

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

Summary

Bechan Sah, the petitioner, feared arrest in a case (Chakai PS Case No. 336 of 2023) involving alleged possession of 775.8 litres of illicit foreign liquor recovered from a pick‑up van. The prosecution charged him under Sections 30(a) and 41 of the Bihar Prohibition and Excise Act and Sections 272 and 273 of the Indian Penal Code. The petitioner contended that he is merely the owner of the vehicle, had no knowledge of the contraband, possessed no criminal antecedent, and that the investigation failed to comply with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023. The State opposed his bail. The Court, after considering the submissions, granted anticipatory bail on the condition that the petitioner surrenders within six weeks, furnishes a bail bond of Rs.15,000 with two sureties, and complies with the conditions under Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023.

Issues considered

Whether anticipatory bail should be granted to the petitioner in view of the alleged offences under the Bihar Prohibition and Excise Act and the IPC.
Whether the prosecution has made a prima facie case against the petitioner.
Whether the investigation complied with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023.

Legislation cited

Bharatiya Nagarika Suraksha Sanhita, 2023 — s. 103, 482(2)
Indian Penal Code — s. 272, 273

Subjects

anticipatory bail
Bihar Prohibition and Excise Act
illicit liquor
Indian Penal Code
Bharatiya Nagarika Suraksha Sanhita
Section 103
Section 482(2)
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.86727 of 2025
                        Arising Out of PS. Case No.-336 Year-2023 Thana- CHAKAI District- Jamui
                 ======================================================
                 Bechan Sah Son of Ramchandra Sah @ Ramchandra R/O Vill- Dighiya, Ward
                 No. 3, Dighia Saharsa, B.S. Patti Saharsa, P.S. and District - Saharsa

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Pramod Kumar, Adv.
                 For the Opposite Party/s :       Mr. Gulnar Begum, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   15-01-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                           2.      The petitioner apprehends his arrest in connection

                   with Chakai PS Case No. 336 of 2023 instituted for the offences

                   under Section 30(a) and 41 of the Bihar Prohibition and Excise

                   Act and under Sections 272, 273 of the Indian Penal Code.

                           3.      The prosecution case, in short, is that total 775.800

                   litres of illicit foreign liquor was recovered from one pick-up

                   van.

                           4.      Learned counsel for the petitioner submitted that

                   the petitioner has falsely been implicated in the present case.

                   The name of the petitioner transpired as being owner of the said

                   vehicle in question and he has no knowledge regarding the
           Patna High Court CR. MISC. No.86727 of 2025(2) dt.15-01-2026
                                                       2/2




                     goods loaded in the vehicle. The petitioner has got no concern

                     with the alleged recovery of liquor. Learned counsel for the

                     petitioner, therefore, contends 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/- (Fifteen thousand) with two

                     sureties of the like amount each to the satisfaction of Court

                     below/concerned Court in connection with Chakai PS Case No.

                     336 of 2023, subject to the conditions as laid down under

                     Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita,

                     2023.



                                           (Rudra Prakash Mishra, J)
Siddharth Soni/-
U      T

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