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Patna High Court

Sajan Kumar @ Sajan DasversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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