Patna High Court
Satyendra RamversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court held that, in the absence of a prima facie case and non‑compliance with Section 103, anticipatory bail under Section 482(2) was warranted.
Summary
The petitioner, Satyendra Ram, sought anticipatory bail after being implicated as the registered owner of a tempo from which 63 litres of illicit liquor were recovered in a case under Section 30(a) of the Bihar Prohibition and Excise Act. He claimed he was unaware of the liquor and had no criminal antecedents, arguing that the prosecution had not complied with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, and that no prima facie case existed. The State opposed the bail. The court examined the lack of evidence linking the petitioner to the contraband and the procedural deficiencies, and consequently ordered that, upon arrest or surrender within six weeks, the petitioner be released on anticipatory bail with a bond of Rs.15,000 and two sureties, subject to conditions under Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023.
Issues considered
- Whether anticipatory bail can be granted under Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023 in a case arising under Section 30(a) of the Bihar Prohibition and Excise Act.
- Whether the prosecution has established a prima facie case against the petitioner.
- Whether the requirements of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023 have been complied with.
Legislation cited
- Bharatiya Nagarika Suraksha Sanhita, 2023 — s. 103, 482(2)
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- Bharatiya Nagarika Suraksha Sanhita
- Section 30(a)
- Section 482(2)
- criminal procedure
- liquor seizure
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90687 of 2025
Arising Out of PS. Case No.-204 Year-2025 Thana- KACCHWA District- Rohtas
======================================================
Satyendra Ram S/O Ram Nath Ram Resident of village- Medanipur, P.S.-
Nasriganj, District- Rohtas
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shashi Kant, Advocate
For the Opposite Party/s : Mr. Khurshid Anwar, 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 Kachhawa PS Case No. 204 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 63 litres
of liquor was recovered from Tempo.
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
registered owner of the Tempo and he was not aware that illicit
liquor was laded in the vehicle. The petitioner has got no
Patna High Court CR. MISC. No.90687 of 2025(2) dt.19-01-2026
2/2
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. Other co-accused has
been granted bail by this Court vide order dated 10.12.2025,
passed in Cr. Misc. No. 85269 of 2025.
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 Kachhawa PS Case
No. 204 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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