Patna High Court

Manish ThakurversusThe State of Bihar

Decided: 19 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

Manish Thakur sought anticipatory bail fearing arrest in a case (Bahoranpur PS Case No. 100 of 2025) under Section 30(a) of the Bihar Prohibition and Excise Act for alleged possession of 268.52 litres of liquor. The petitioner argued that he was falsely implicated, his name being supplied by a local chowkidar, and that he was neither the owner nor driver of the vehicle involved. He also contended that there was no compliance with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, and that no prima facie case existed against him. The State opposed the bail. The Court, after considering the facts, granted anticipatory bail on the condition that the petitioner surrenders within six weeks, furnishes a bail bond of Rs.15,000 with two sureties, and complies with conditions under Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023.

Issues considered

Whether the petitioner is entitled to anticipatory bail in the present case
Whether a prima facie case exists against the petitioner under Section 30(a) 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
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.89696 of 2025
                      Arising Out of PS. Case No.-100 Year-2025 Thana- Bahoranpur District- Bhojpur
                 ======================================================
                 Manish Thakur Son of Sunil Thakur Resident of Village- Chaki Nawranga,
                 P.S.- Bahoranpur, District- Bhojpur

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Prabhat Kumar Singh, Advocate
                 For the Opposite Party/s :        Mr. Braj Kishore Pd., 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 Bahoranpur PS Case No. 100 of 2025 instituted for the

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

                   Act.

                           3.       The prosecution case, in short, is that total 268.52

                   litres of liquor was recovered from Bolero.

                           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 local chowkidar. Petitioner is neither the

                   owner nor the driver of the vehicle in question. The petitioner
           Patna High Court CR. MISC. No.89696 of 2025(2) dt.19-01-2026
                                                       2/2




                     has got no concern with the alleged recovery of liquor. The

                     petitioner has one 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.

                             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 Bahoranpur PS Case

                     No. 100 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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