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Patna High Court

Abhinandan KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted anticipatory bail to the petitioners subject to bond and surety conditions under Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023.

Summary

The petitioners, Abhinandan Kumar and Vikarn Kumar, were implicated in a case (PS Case No. 232 of 2025) for alleged offences under Section 30(a) of the Bihar Prohibition and Excise Act, based on statements of a co‑accused. They argued that they had no involvement, no criminal antecedent, and that the prosecution had not complied with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, thus no prima‑facie case existed. The State opposed their bail. The Court examined the material and, noting the lack of direct evidence against them, exercised its power under Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita to grant anticipatory bail, subject to a bond of Rs 15,000 and two sureties of equal amount, and other conditions. The order required the petitioners to surrender within six weeks if arrested. The bail was conditioned on compliance with the stipulated terms.

Issues considered

  • Whether anticipatory bail can be granted to the petitioners under Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023.
  • Whether the prosecution has made out a prima facie case against the petitioners.
  • Whether non‑compliance with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, bars the filing of the case.

Legislation cited

Subjects

  • anticipatory bail
  • Bihar Prohibition and Excise Act
  • Bharatiya Nagarika Suraksha Sanhita
  • Section 30(a)
  • Section 103
  • Section 482(2)
  • false implication
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.90311 of 2025
                    Arising Out of PS. Case No.-232 Year-2025 Thana- DULHIN BAZAR District- Patna
                 ======================================================
           1.     Abhinandan Kumar Son of Jitan Yadav Resident of Village - Ular Bhaluan,
                  P.S.- Dulhin Bazar, District - Patna.
           2.    Vikarn Kumar Son of Ravindra Yadav Resident of Village - Ular Bhaluan,
                 P.S.- Dulhin Bazar, District - Patna.



                                                                                 ... ... petitioner/s
                                                       Versus


                 The State of Bihar



                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the petitioners/s    :        Mr. Ashok Kumar Sinha, Advocate
                 For the Opposite Party/s :        Mr. Sanjay Kumar Pandey, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   19-01-2026             Heard learned counsel for the petitioners and learned APP

                   for the State.

                           2.       The       petitioners   apprehends       their    arrest        in

                   connection with Dulhin Bazar PS Case No. 232 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 88.500

                   litres of liquor was recovered from the house of co-accused

                   person.
Patna High Court CR. MISC. No.90311 of 2025(2) dt.19-01-2026
                                            2/3




                  4.      Learned counsel for the petitioners submitted that

          the petitioners have falsely been implicated in the present case.

          The names of the petitioners transpired in this case on the basis

          of disclosure made by apprehended co-accused person. The

          petitioners have got no concern with the alleged recovery of

          liquor. The petitioners have no criminal antecedent. There is no

          compliance of Section 103 of the Bharatiya Nagarika Suraksha

          Sanhita, 2023. Learned counsel for the petitioners, therefore,

          contends that prima-facie no case is made out against the

          petitioners. Other co-accused has been granted bail by this Court

          vide order dated 26-11-2025, passed in Cr. Misc. No. 80141 of

          2025.

                  5.      Learned APP for the State has vehemently opposed

          the prayer for grant of bail to the petitioners.

                  6.      Considering the aforesaid facts and circumstances

          of the case, let the petitioners 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) each

          with two sureties of the like amount each to the satisfaction of

          Court below/concerned Court in connection with Dulhin Bazar

          PS Case No. 232 of 2025, subject to the conditions as laid down
           Patna High Court CR. MISC. No.90311 of 2025(2) dt.19-01-2026
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                     under Section 482(2) of the Bharatiya Nagarika Suraksha

                     Sanhita, 2023.



                                                                 (Rudra Prakash Mishra, J)
Raj Kishore/-

U      T


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