Patna High Court

Sibjee KumarversusThe State of Bihar

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

Holding

The Court granted anticipatory bail to the petitioner subject to the stipulated bail bond, sureties and conditions under Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023.

Summary

The petitioner, Sibjee Kumar, sought anticipatory bail fearing arrest in a case (Madhya Nisedh P.S. No. 512 of 2025) under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act for alleged possession of 200.490 litres of liquor. The prosecution alleged the liquor was recovered from a vehicle owned by the petitioner, while the petitioner contended he had no knowledge of the goods and was falsely implicated, having no criminal antecedent and no compliance with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023. The State opposed the bail. The High Court, after considering the facts, granted anticipatory bail on the condition that the petitioner furnishes a bail bond of Rs. 15,000 with two sureties and complies with the conditions under Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023.

Issues considered

Whether the petitioner is entitled to anticipatory bail in the present case.
Whether a prima facie case exists against the petitioner under the Bihar Prohibition and Excise Act.
Whether the requirements of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023 have been complied with.
Whether the conditions prescribed under Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023 are applicable.

Legislation cited

Bharatiya Nagarika Suraksha Sanhita, 2023 — s. 103, 482(2)

Subjects

anticipatory bail
Bihar Prohibition and Excise Act
Bharatiya Nagarika Suraksha Sanhita
Section 103
Section 482(2)
liquor seizure
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.91893 of 2025
                     Arising Out of PS. Case No.-512 Year-2025 Thana- Excise P.S. District- Kishanganj
                 ======================================================
                 Sibjee Kumar Son of Sukeshwar Mahto Resident of Village- Jain Khurd, P.S.-
                 Karja, District- Muzaffarpur

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr. Ram Prawesh Kumar, Advocate
                 For the Opposite Party/s :         Mr. Kanhiya Kishor, 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 Madhya Nisedh P.S. Case No. 512 of 2025 instituted for

                   the offences punishable under Sections 30(a), 32(3) of the Bihar

                   Prohibition and Excise Act.

                               3. The prosecution case, in short, is that total 200.490

                   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.It is

                   further submitted that the name of the petitioner has transpired

                   as being the owner of the vehicle in question and has no

                   knowledge regarding the goods loaded in the vehicle. Petitioner
           Patna High Court CR. MISC. No.91893 of 2025(2) dt.19-01-2026
                                                       2/2




                     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 lower court 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 Madhya Nisedh P.S.

                     Case No. 512 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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