Patna High Court

Mageru Kumar @ Titesh Kumar @ Mangeru Kumar @ Mangru Kumar @ Ritesh kumarversusThe State of Bihar

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

Holding

The Court granted anticipatory bail to the petitioners subject to the stipulated bond and surety conditions.

Summary

The petitioners, Mageru Kumar and Jalsa Kumar, feared arrest in a case (Bihta PS No. 1051 of 2024) alleging offences under Sections 30(a) and 41 of the Bihar Prohibition and Excise Act, where 180 litres of liquor was recovered near a river bank. They contended that their names were implicated solely on the basis of a co‑accused’s statement, that they have no criminal antecedent, and that the prosecution had not complied with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023. The State opposed the grant of bail. The High Court, after considering the submissions, ordered that the petitioners be released on anticipatory bail, provided they surrender within six weeks, furnish a bail bond of Rs.15,000 with two sureties, and comply with the conditions under Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023.

Issues considered

Whether anticipatory bail should be granted to the petitioners in the pending case under the Bihar Prohibition and Excise Act.
Whether the prosecution has established a prima facie case against the petitioners.
Whether the requirements of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, have been complied with.
Whether the conditions under Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023, are applicable.

Legislation cited

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

Subjects

anticipatory bail
false implication
Bihar Prohibition and Excise Act
liquor seizure
Section 103
Section 482
bail conditions
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.88035 of 2025
                          Arising Out of PS. Case No.-1051 Year-2024 Thana- BIHTA District- Patna
                 ======================================================
           1.     Mageru Kumar @ Titesh Kumar @ Mangeru Kumar @ Mangru Kumar @
                  Ritesh kumar S/o Jawahir Ray @ Jawahir Singh @ Javahir Ray R/o vill -
                  Maudahi, P.S.- Bihta, Distt.- Patna
           2.    Jalsa Kumar @ Kamlesh Ray @ Kamlesh Rai S/o Monka Ray @ Munarik
                 Ray R/o vill - Maudahi, P.S.- Bihta, Distt.- Patna

                                                                                     ... ... 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. Asha Kumari, 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 petitioners apprehend their arrest in connection

                   with Bihta PS Case No. 1051 of 2024 instituted for the offences

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

                   Act.

                            3.      The prosecution case, in short, is that total 180 litres

                   of liquor was recovered near the bank of the river.

                            4.      Learned counsel for the petitioners submitted that the

                   petitioners have falsely been implicated in the present case. The

                   name of the petitioners transpired in this case on the basis of

                   disclosure made by the apprehended co-accused person. Learned
           Patna High Court CR. MISC. No.88035 of 2025(2) dt.15-01-2026
                                                       2/2




                     counsel further submitted that the recovery is made from near the

                     bank of river, which is an open place accessible to one and all. The

                     petitioners have got no concern with the alleged recovery of liquor.

                     Learned counsel for the petitioners, therefore, contends that prima-

                     facie no case is made out against the petitioners. The petitioner

                     have got 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 petitioners.

                                  6. Considering the aforesaid facts and circumstances of

                     the case, let the petitioners 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 Bihta PS Case No.

                     1051 of 2024, 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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