Patna High Court

Dablu KumarversusThe State of Bihar

Decided: 19 January 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The Court held that anticipatory bail should be granted to the petitioner subject to the stipulated bond and conditions under Section 482(2).

Summary

The petitioner, Dablu Kumar, sought anticipatory bail after being implicated in an excise case (PS No. 787 of 2025) for alleged possession of 100 litres of liquor, based on a co‑accused’s statement. He argued he was not the owner of the motorcycle from which the liquor was recovered, had no criminal antecedent, and that the prosecution had not complied with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, rendering the case prima facie weak. The State opposed the bail. The Court examined the allegations, the lack of direct involvement, and the statutory provisions governing anticipatory bail. It concluded that bail could be granted, subject to a bond of Rs.15,000 and two sureties, and conditions under Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita. Consequently, the petitioner was released on anticipatory bail.

Issues considered

Whether anticipatory bail is warranted in the absence of a prima facie case against the petitioner
Whether the prosecution complied with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023
Whether Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023 permits the grant of anticipatory bail in this excise matter

Legislation cited

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

Subjects

anticipatory bail
excise law
liquor seizure
false implication
Section 30(a)
Section 47
Section 103
Section 482(2)
criminal procedure
bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.90394 of 2025
                      Arising Out of PS. Case No.-787 Year-2025 Thana- Excise P.S. District- Nawada
                 ======================================================
                 Dablu Kumar Son of Mithilesh Raut @ Mithilesh Kumar Resident of village -
                 Balia, P.S.- Akbarpur, District - Nawada

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Arjun Prasad, Advocate
                 For the Opposite Party/s :        Mr. Md. Ataur Rahman, 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 Excise Nawada PS Case No. 787 of 2025 instituted for the

                   offences under Sections 30(a) & 47 of the Bihar Prohibition and

                   Excise Act.

                           3.       The prosecution case, in short, is that total 100

                   litres of liquor was recovered from motorcycle.

                           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. Petitioner

                   is not the owner of the motorcycle and he has no concern with
           Patna High Court CR. MISC. No.90394 of 2025(2) dt.19-01-2026
                                                       2/2




                     the same. 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 Excise Nawada PS

                     Case No. 787 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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