Patna High Court
Sajan Kumar @ Sajan DasversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court held that anticipatory bail may be granted under Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023, as no prima facie case was established.
Summary
The petitioner, Sajan Kumar, was implicated in a case for alleged possession of 73 litres of illicit liquor under Section 30(a) of the Bihar Prohibition and Excise Act, 2016. He asserted that he was only the owner of the tempo, had no knowledge of the liquor, possessed no criminal antecedent, and that the prosecution had failed to comply with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, so no prima facie case existed. The State opposed the grant of bail. The court, after examining the facts, ordered that the petitioner be released on anticipatory bail, subject to a bond of Rs.15,000 and two sureties of the same amount, if he surrenders within six weeks, invoking Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023. The order conditions the bail on compliance with the statutory provisions and the court’s satisfaction.
Issues considered
- Whether anticipatory bail can be granted in a case under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.
- Whether the prosecution has made out a prima facie case against the petitioner.
- 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)
- Bihar Prohibition and Excise Act, 2016 — s. 30(a)
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- Bharatiya Nagarika Suraksha Sanhita
- illicit liquor
- prima facie case
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89382 of 2025
Arising Out of PS. Case No.-154 Year-2025 Thana- ATHMALGOLA District- Patna
======================================================
Sajan Kumar @ Sajan Das Son of Sri Vinda Das @ Vinda Paswan Resident of
Jethuli Kachchidargah, P.S -Fatwah, Dist- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Kumar Manglam, Advocate
For the Opposite Party/s : Mr. Md. Anzarul Haque Sahara, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 19-01-2026 Heard learned counsel for the petitioner and learned APP
for the State.
2. The petitioner apprehends his arrest in connection
with Athmalgola PS Case No. 154 of 2025 instituted for the
offences under Section 30(a) of the Bihar Prohibition and Excise
Act, 2016.
3. The prosecution case, in short, is that total 73 litres
of liquor was recovered from 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 in this case as being owner
of the tempo in question and he was not aware that illicit liquor
was loaded in the vehicle. The petitioner has got no concern
Patna High Court CR. MISC. No.89382 of 2025(2) dt.19-01-2026
2/2
with the alleged recovery of liquor. The petitioner has no
criminal antecedent. There is no compliance of Section 103 of
the Bharatiya Nagarika Suraksha Sanhita, 2023. Learned
counsel for the petitioner, therefore, contends that prima-facie
no case is made out against the petitioner. Other co-accused has
been granted bail by this Court vide order dated 28.07.2025,
passed in Cr. Misc. No. 48483 of 2025.
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 Athmalgola PS Case
No. 154 of 2025, subject to the conditions as laid down under
Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita,
2023.
(Rudra Prakash Mishra, J)
Raj Kishore/-
U T
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