Patna High Court

Dipendra Ray @ Dipendra KumarversusThe 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 bond, sureties and conditions under Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023.

Summary

The petitioner, Dipendra Ray, was implicated in a case (Mahindwara PS Case No. 151 of 2025) for the alleged seizure of 169.75 litres of liquor under Section 30(a) of the Bihar Prohibition and Excise Act. He contended that his name was supplied by a co‑accused, that he was neither the driver nor the owner of the vehicle, and that there was no compliance with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, rendering the case prima facie weak. The State opposed his bail, arguing the seriousness of the offence. The Court examined the material and, noting the lack of direct involvement and procedural lapses, ordered that the petitioner be released on anticipatory bail upon furnishing a bail bond and sureties, subject to conditions under Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita. The order was made to be complied with by the lower court within six weeks of arrest or surrender.

Issues considered

Whether the petitioner is entitled to anticipatory bail in the absence of a prima facie case.
Whether the prosecution complied with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023.
Whether the petitioner’s alleged involvement under Section 30(a) of the Bihar Prohibition and Excise Act justifies denial of bail.

Legislation cited

Bharatiya Nagarika Suraksha Sanhita, 2023 — s. 103, 482(2)

Subjects

anticipatory bail
false implication
liquor seizure
Section 30(a)
Section 103
Section 482(2)
criminal procedure
Bihar Prohibition Act

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.89909 of 2025
                   Arising Out of PS. Case No.-151 Year-2025 Thana- MAHINDWARA District- Sitamarhi
                 ======================================================
                 Dipendra Ray @ Dipendra Kumar S/O Late Rameshwar Ray @ Late Ram
                 Ishwar Ray R/O Vill.- Siri Khinria, P.S.- Mahindwara, Dist.- Sitamarhi

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Pramod Kumar Sinha
                 For the Opposite Party/s :      Mr. Abhay Kumar
                 ======================================================
                 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 Mahindwara PS Case No. 151 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 169.75

                   litres of liquor was recovered from car.

                           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 apprehended co-accused. Petitioner is

                   neither the driver nor the owner of the vehicle in question. The
           Patna High Court CR. MISC. No.89909 of 2025(2) dt.19-01-2026
                                                       2/2




                     petitioner has got no concern with the alleged recovery of

                     liquor. The petitioner has two criminal antecedents. 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 Mahindwara PS

                     Case No. 151 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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