Patna High Court

Dinesh Kumar Rai @ Dinesh RaiversusThe 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, Dinesh Kumar Rai, was implicated in a case (PS No. 1354 of 2025) for alleged offences under Sections 30(a) and 41 of the Bihar Prohibition and Excise Act, based on the recovery of 864 litres of liquor from a truck and tempo. He contended that he had sold the tempo and had no involvement in the liquor seizure, asserting no criminal antecedent and that Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, was not complied with. The State opposed his bail application. The Court examined the prima facie evidence and the petitioner's claim of false implication, and, considering the circumstances, ordered that he be released on anticipatory bail upon furnishing a bail bond of Rs.15,000 with two sureties, subject to conditions under Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023.

Issues considered

Whether anticipatory bail should be granted to the petitioner under the Bharatiya Nagarika Suraksha Sanhita, 2023.
Whether the petitioner is prima facie implicated in offences 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)
false implication
liquor seizure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.88212 of 2025
                   Arising Out of PS. Case No.-1354 Year-2025 Thana- AHIYAPUR District- Muzaffarpur
                 ======================================================
                 Dinesh Kumar Rai @ Dinesh Rai S/o Jai Prakash Rai Resident of Village-
                 Akharaghat Karpuri Nagar, Ward no. 15, P.S.- Sikandarpur, District-
                 Muzaffarpur

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Nitu Kumari, 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 864

                   litres of liquor was recovered from the truck and tempo

                   altogether.

                           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 the owner of the

                   said tempo although he has sold his tempo. The petitioner has
           Patna High Court CR. MISC. No.88212 of 2025(2) dt.15-01-2026
                                                       2/2




                     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 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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