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Patna High Court

Bhavesh KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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