Patna High Court

Raja Kumar RajversusThe State of Bihar

Decided: 19 January 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The Court held that anticipatory bail may be granted subject to conditions under Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023.

Summary

The petitioner, Raja Kumar Raj, sought anticipatory bail fearing arrest in a case (Barari PS Case No. 251 of 2025) for alleged contravention of Section 30(a) of the Bihar Prohibition and Excise Act involving 72 litres of liquor recovered from his vehicle. He contended that he was unaware of the illicit liquor and was falsely implicated, asserting 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, after considering the facts, granted anticipatory bail on the condition that the petitioner surrenders within six weeks, furnishes a bail bond of Rs.15,000 with two sureties, and complies with conditions under Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023.

Issues considered

Whether anticipatory bail can be granted in a case under Section 30(a) of the Bihar Prohibition and Excise Act where the accused claims lack of knowledge of the contraband.
Whether the prosecution complied with the procedural requirements of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, thereby establishing a prima facie case.

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 103
Section 482(2)
criminal procedure
bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.90713 of 2025
                      Arising Out of PS. Case No.-251 Year-2025 Thana- BARARI District- Bhagalpur
                 ======================================================
                 Raja Kumar Raj Son of Dinesh Prasad Sah @ Dinesh Yadav @ Dinesh Prasad
                 Resident of Village- Sarkhuiya, Ward No. 11, Bathardiha, P.S.- Bithaan,
                 District- Samastipur

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Diwakar Upadhyaya, Advocate
                 For the Opposite Party/s :       Mr. Pranav 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 Barari PS Case No. 251 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 72 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 vehicle in question and he was not aware that illicit liquor

                   was laden in the vehicle. The petitioner has got no concern with

                   the alleged recovery of liquor. The petitioner has no criminal
           Patna High Court CR. MISC. No.90713 of 2025(2) dt.19-01-2026
                                                       2/2




                     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 Barari PS Case No.

                     251 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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