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Supreme Court grants leave to appeal against Patna High Court's anticipatory bail order under BNSS

KanoonHQ Legal Gazette · AI-generated brief from the source linked below. How briefs are made
Published
Case
Dileep Mahto @Dileep Kumar vs The State Of Bihar
Decided
Statutes
Bottom Line Up Front (BLUF)

In Dileep Mahto @Dileep Kumar vs The State Of Bihar, decided on 2026-10-26, the Supreme Court of India granted leave to appeal against the Patna High Court's order dated 10.12.2025, which concerned an application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in connection with offences under the Bihar Prohibition and Excise Act, 2016.

Ratio Decidendi · Legal Principle Established

The Supreme Court granted leave to appeal, indicating that the matter warrants further consideration.

Practice & Procedural Impact for Advocates

Advocates should note that the Supreme Court is entertaining appeals concerning anticipatory bail orders passed under the Bharatiya Nagarik Suraksha Sanhita, 2023. Litigants may pursue appeals to the Supreme Court against High Court orders on anticipatory bail.

Key Legal Takeaways

  • 1Supreme Court granted leave to appeal in a matter concerning anticipatory bail.
  • 2The anticipatory bail application was filed under Section 482 of the BNSS, 2023.
  • 3The case involved offences under the Bihar Prohibition and Excise Act, 2016.

The Legal Issue This appeal before the Supreme Court of India challenged an order dated 10.12.2025 passed by the High Court of Judicature at Patna in Criminal Miscellaneous No.82516/2025. The appellant had sought anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) in connection with FIR No. 5133021210205 of 2021, lodged for offences punishable under Sections 30(a), 41(1)(2), and 47 of the Bihar Prohibition and Excise Act, 2016.

Court's Reasoning The Supreme Court, after considering the matter, decided to grant leave to appeal. The excerpt provided does not detail the specific reasoning for granting leave, but it signifies that the Court found sufficient grounds to hear the appeal against the High Court's decision regarding anticipatory bail.

What Follows With leave granted, the appeal will now proceed for a full hearing before the Supreme Court of India. The Court will examine the High Court's order concerning the anticipatory bail application filed under Section 482 of the BNSS, 2023, and the application of the Bihar Prohibition and Excise Act, 2016.

Read the full judgment