Patna High Court

Nandlal RajbharversusThe State of Bihar

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

Holding

The Court held that anticipatory bail must be granted to the petitioner, subject to the stipulated bond and sureties under Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023.

Summary

The petitioner, Nandlal Rajbhar, feared arrest in a case (Sripur PS Case No. 24 of 2024) under Section 30(a) of the Bihar Prohibition and Excise Act, where 107.8 litres of liquor were seized. He contended that his name was only mentioned by a co‑accused and that there was no prima facie evidence against him, nor any compliance with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023. The State opposed his bail application. The Court examined the lack of direct involvement and the statutory requirements, and consequently ordered that the petitioner be released on anticipatory bail, subject to a bond of Rs.15,000 and two sureties of the same amount, under Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023.

Issues considered

Whether anticipatory bail should be granted to the petitioner under Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023.
Whether a prima facie case exists against the petitioner under Section 30(a) of the Bihar Prohibition and Excise Act.
Whether the provisions 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
false implication
Bihar Prohibition and Excise Act
Section 30(a)
Bharatiya Nagarika Suraksha Sanhita
Section 103
Section 482(2)
liquor seizure
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.88073 of 2025
                       Arising Out of PS. Case No.-24 Year-2024 Thana- SRIPUR District- Gopalganj
                 ======================================================
                 Nandlal Rajbhar Son of Banka Rajbhar Resident of village - Bhagwanpur,
                 P.S.- Bhore, District - Gopalganj

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Pankaj Kumar Dubey, Adv.
                 For the Opposite Party/s :       Mr. Navin Kumar Pandey, 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 Sripur PS Case No. 24 of 2024 instituted for the offences

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

                           3.      The prosecution case, in short, is that total 107.800

                   litres of liquor was recovered from the gunny bags.

                           4.      Learned counsel for the petitioner submitted that

                   the petitioner has falsely been implicated in the present case.

                   The name of the petitioner transpired in this case on the basis of

                   disclosure made by the apprehended co-accused person. The

                   petitioner has got no concern with the alleged recovery of

                   liquor. The petitioner has no criminal antecedent. Learned
           Patna High Court CR. MISC. No.88073 of 2025(2) dt.15-01-2026
                                                       2/2




                     counsel for the petitioner, therefore, contends that prima-facie

                     no case is made out against the petitioner. 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 Sripur PS Case No.

                     24 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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