Patna High Court

Dhiraj Kumar @ Dhiraj SahversusThe State of Bihar

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

Holding

Anticipatory bail is granted to the petitioner subject to conditions under Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023.

Summary

The petitioner, Dhiraj Kumar, applied for anticipatory bail fearing arrest in a case (Runni Saidpur P.S. Case No. 397 of 2025) under Section 30(a) of the Bihar Prohibition and Excise Act, where 1035.78 litres of liquor were seized. He contended that his name was implicated solely on a co‑accused’s confessional statement and that he neither owned nor drove the vehicles involved, asserting no prima facie case and no criminal antecedent. The State opposed the bail. The Court examined the lack of direct evidence against the petitioner and the procedural lapse of not complying with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023. Considering these factors, the Court ordered that the petitioner be released on anticipatory bail, subject to a bond of Rs. 15,000 and two sureties, and conditioned under Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023. The order required surrender within six weeks if arrested.

Issues considered

Whether anticipatory bail can be granted to the petitioner under Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023 in a case under Section 30(a) of the Bihar Prohibition and Excise Act.
Whether a prima facie case exists against the petitioner based solely on a co‑accused’s confessional statement.

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)
Section 103
criminal procedure
bail jurisprudence

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.91779 of 2025
                   Arising Out of PS. Case No.-397 Year-2025 Thana- RUNISAIDPUR District- Sitamarhi
                 ======================================================
                 Dhiraj Kumar @ Dhiraj Sah son of Dinesh sah Resident of village- Rain
                 Kharka, Ward no. 1, Ps- Runni Saidpur, Dist- Sitamarhi,
                                                                              ... ... Petitioner/s
                                                   Versus
                 The State of Bihar
                                                                       ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Uday Kumar, 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 Runni Saidpur P.S. Case No. 397 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 1035.780

                   litres of liquor was recovered from Bolero pickup and two

                   motorcycles.

                               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 on the basis of

                   confessional statement of the apprehended co-accused. Learned

                   counsel further submitted that petitioner is neither the owner nor
           Patna High Court CR. MISC. No.91779 of 2025(2) dt.19-01-2026
                                                       2/2




                     the driver of the vehicles in question. The petitioner has got no

                     concern with the alleged recovery of liquor. Learned counsel,

                     therefore, submitted that prima-facie, no case is made out

                     against the petitioner. The petitioner has no criminal antecedent.

                     There is no compliance of Section 103 of the Bharatiya

                     Nagarika Suraksha Sanhita, 2023.

                                 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/- (Rupees Fifteen Thousand)

                     with two sureties of the like amount each to the satisfaction of

                     Court below/concerned Court in connection with Runni Saidpur

                     P.S. Case No. 397 of 2025, subject to the conditions as laid

                     down under Section 482(2) of the Bharatiya Nagarika Suraksha

                     Sanhita, 2023.



                                           (Rudra Prakash Mishra, J)
Alok Verma/-

U      T

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