Patna High Court

Anil RayversusThe 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

The petitioner, Anil Ray, sought anticipatory bail fearing arrest in a case where 1,000 litres of liquor were seized from a pickup van. The prosecution alleged offences under Section 30(a) of the Bihar Prohibition and Excise Act and Sections 274 and 275 of the Bharatiya Nyaya Sanhita, 2023. The petitioner contended that his name was mentioned only by a co‑accused, that he was neither the owner nor driver of the vehicle, had no criminal record, and that Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023 had not been complied with, arguing that no prima facie case existed. The State opposed the bail. The court, after considering the submissions, ordered that the petitioner 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 the petitioner is entitled to anticipatory bail in the present case
Whether a prima facie case exists against the petitioner under the cited statutes
Whether the requirements of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023 have been complied with
Whether conditions under Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023 are applicable

Legislation cited

Bharatiya Nagarika Suraksha Sanhita, 2023 — s. 103, 482(2)
Bharatiya Nyaya Sanhita, 2023 — s. 274, 275

Subjects

anticipatory bail
false implication
liquor seizure
Bihar Prohibition and Excise Act
Bharatiya Nyaya Sanhita
Bharatiya Nagarika Suraksha Sanhita
Section 103
Section 482
bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.90222 of 2025
                    Arising Out of PS. Case No.-212 Year-2025 Thana- DEWARIA District- Muzaffarpur
                 ======================================================
                 Anil Ray S/O Shatrudhan Ray @ Satrudhan Ray R/O Village- Madhopur
                 bujurg, P.S- Deoria, Dist.- Muzaffarpur.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Manoj Kumar, Advocate
                 For the Opposite Party/s :       Ms. Pushpa Sinha, 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 Deoria PS Case No. 212 of 2025 instituted for the offences

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

                   Sections 274 & 275 of the Bharatiya Nyaya Sanhita, 2023.

                           3.       The prosecution case, in short, is that total 1000

                   litres of liquor was recovered from pickup van.

                           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 person. It is

                   submitted that petitioner is neither the owner nor the driver of
           Patna High Court CR. MISC. No.90222 of 2025(2) dt.19-01-2026
                                                       2/2




                     the vehicle in question. The petitioner has got no concern 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.

                             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 Deoria PS Case No.

                     212 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

Continue reading with your account

Checking your session…