Patna High Court

Satish 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 conditions under Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023.

Summary

Satish Kumar, the owner of a car from which 165.9 litres of illicit liquor were seized, feared arrest in an Excise case under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act. He contended that he was unaware of the liquor, had 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 his bail application. The High Court considered the facts, the lack of direct involvement, and the statutory provisions, and ordered that the petitioner be released on anticipatory bail if arrested within six weeks, 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 under the Bharatiya Nagarika Suraksha Sanhita, 2023.
Whether a prima facie case exists against the petitioner for offences under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act.
Whether the prosecution complied with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023.

Legislation cited

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

Subjects

anticipatory bail
excise law
liquor seizure
criminal procedure
Section 103
Section 482
Bihar Prohibition and Excise Act

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.90520 of 2025
                       Arising Out of PS. Case No.-569 Year-2025 Thana- Excise P.S. District- Siwan
                 ======================================================
                 Satish Kumar Son of Sanjay Thakur Resident of Ward No. 38, Badi Yusufpur,
                 P.S.- Hajipur, District - Vaishali

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Bindeshwar Kumar, Advocate
                 For the Opposite Party/s :        Mr. Rajesh Kumar, 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 PS Siwan Sadar Case No. 569 of 2025 instituted

                   for the offences under Sections 30(a) & 32(3) of the Bihar

                   Prohibition and Excise Act.

                           3.       The prosecution case, in short, is that total 165.900

                   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 as being owner

                   of the car in question and he was not aware that illicit liquor was

                   laden in the vehicle. The petitioner has got no concern with the
           Patna High Court CR. MISC. No.90520 of 2025(2) dt.19-01-2026
                                                       2/2




                     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 PS Siwan

                     Sadar Case No. 569 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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