Patna High Court
Bhavesh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court granted anticipatory bail to the petitioner subject to the stipulated bond and sureties.
Summary
The petitioner, Bhavesh Kumar, sought anticipatory bail fearing arrest in an excise case (Madhepura Excise PS Case No. 221 of 2024) under Section 30(a) of the Bihar Prohibition and Excise Act, where 255.12 litres of illicit liquor were recovered from his car. 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 the bail. The Court examined the facts, the lack of direct involvement, and the statutory safeguards, and decided to grant anticipatory bail subject to a bond of Rs.15,000 and two sureties, with conditions under Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023.
Issues considered
- Whether the petitioner is entitled to anticipatory bail in the excise case under Section 30(a) of the Bihar Prohibition and Excise Act.
- Whether the prosecution complied with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, to establish a prima facie case.
- Whether the conditions under Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023, justify granting anticipatory bail.
Legislation cited
- Bharatiya Nagarika Suraksha Sanhita, 2023 — s. 103, 482(2)
Subjects
- anticipatory bail
- excise law
- illicit liquor
- Section 30(a)
- Section 103
- Section 482(2)
- criminal procedure
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90601 of 2025
Arising Out of PS. Case No.-221 Year-2024 Thana- Excise P.S. District- Madhepura
======================================================
Bhavesh Kumar S/o Ramjee Sharma R/o Village- Rasunpur Dhuriya,
Kelawari (Kelabari), Ward No 01, P.S- Chausa, District-Madhepura
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pawan Kumar, Advocate
For the Opposite Party/s : Ms. Pronoti Singh, 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 Madhepura Excise PS Case No. 221 of 2024 instituted for
the offences under Section 30(a) of the Bihar Prohibition and
Excise Act.
3. The prosecution case, in short, is that total 255.12
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 and he was not aware that illicit liquor was loaded in
the vehicle. The petitioner has got no concern with the alleged
Patna High Court CR. MISC. No.90601 of 2025(2) dt.19-01-2026
2/2
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 Madhepura Excise
PS Case No. 221 of 2024, 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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