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Patna High Court

Satyendra RamversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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