Patna High Court

Sanjay PandeyversusThe 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

The petitioner, Sanjay Pandey, feared arrest in a case (PS No. 1354 of 2025) alleging violations of Sections 30(a) and 41 of the Bihar Prohibition and Excise Act after 872.640 litres of liquor were seized from a truck he owned. He contended that he was unaware of the consignment, had no criminal antecedent, and that the prosecution had not complied with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023. The State opposed his request for anticipatory bail. The Court examined the prima facie evidence and the statutory requirements, and concluded that bail could be granted subject to conditions. Accordingly, the petitioner was released on anticipatory bail upon furnishing a bail bond of Rs.15,000 with two sureties, subject to 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 the prosecution has established a prima facie case under Sections 30(a) and 41 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
Bihar Prohibition and Excise Act
Bharatiya Nagarika Suraksha Sanhita
Section 30(a)
Section 41
Section 103
Section 482(2)
liquor seizure
false implication

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.87367 of 2025
                   Arising Out of PS. Case No.-1354 Year-2025 Thana- AHIYAPUR District- Muzaffarpur
                 ======================================================
                 Sanjay Pandey S/o Vidyadhar Pandey R/o Village- Majouli Baliya, P.S-
                 Gabara, Dist- Balia (U.P)

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Ratneshwar Prasad, Adv.
                 For the Opposite Party/s :       Mr. Ramesh Chandra, 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 Ahiyarpur PS Case No. 1354 of 2025 instituted for the

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

                   and Excise Act.

                           3.      The prosecution case, in short, is that total 872.640

                   litres of liquor was recovered from truck and tempo.

                           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

                   truck in question and he was unaware of the consignment loaded

                   in the truck. The petitioner has got no concern with the alleged
           Patna High Court CR. MISC. No.87367 of 2025(2) dt.15-01-2026
                                                       2/2




                     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 Ahiyarpur PS Case

                     No. 1354 of 2025, 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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