Patna High Court
Rakesh Chaudhary @ Rakesh MahtoversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court provisionally granted anticipatory bail subject to verification of the petitioner’s antecedents and compliance with the stipulated bail conditions.
Summary
The petitioner, Rakesh Chaudhary, feared arrest in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022, alleging that 98 litres of liquor were recovered from his shop. He contended that he was not in possession of the liquor, was not the owner of the shop, and that the police relied on secret information without conducting a proper investigation. The petitioner applied for anticipatory bail, arguing that the investigation was mechanical and that he had only one prior case under the Excise Act. The State opposed the bail. The Court granted provisional anticipatory bail conditioned on a bail bond of Rs.5,000 with two sureties and directed the trial court to verify the petitioner’s criminal antecedents, stating that confirmation of the bail would depend on that verification.
Issues considered
- What is the appropriateness of granting anticipatory bail in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022?
- Whether the petitioner’s alleged lack of possession and ownership, and the nature of the police investigation, justify anticipatory bail?
- What conditions should be imposed on anticipatory bail under Section 482(2) of the CrPC?
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482(2)
Subjects
- anticipatory bail
- excise law
- police investigation
- secret information
- Section 30
- Section 482
- Bihar Prohibition and Excise Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10297 of 2026
Arising Out of PS. Case No.-624 Year-2025 Thana- SAKRA District- Muzaffarpur
======================================================
Rakesh Chaudhary @ Rakesh Mahto S/o Nand Kishore Mahto @ Nand
Kishor Mahto R/o Village- Mahmadpur Dardha @ Mahamadpur Dardha @
Mahamadpur Badal, P.S- Sakra, Dist- Muzaffarpur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Yugal Kishore
For the Opposite Party/s : Mr. Madhura Nand Jha
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 16-03-2026 1. Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends his arrest in a case
registered for the offence punishable under Section 30(a) of
Bihar Prohibition and Excise (Amendment) Act, 2022.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of one case under the Excise Act and
allegation is of recovery of 98 litres of liquor from shop of the
petitioner. It is next submitted that petitioner was not arrested
from the spot as such nothing was recovered from his conscious
possession and is not the owner of the shop as has been
specifically pleaded at Para-7 of the anticipatory bail
application. It is next submitted that this amply demonstrates
Patna High Court CR. MISC. No.10297 of 2026(3) dt.16-03-2026
2/3
that how police in mechanical manner investigates and
implicates without holding a proper investigation and he came
to be implicated based on secret information which is the easiest
way to implicate someone. It is also submitted that once an
accused is implicated in a case relating to excise, the police
starts implicating mechanically either through chowkidar, local
person, confessional statement or secret information without
holding a proper investigation.
4. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
5. Considering the submissions made by the learned
counsel for the petitioner, the petitioner above-named, in the
event of his arrest or surrender within a period of six weeks
from today, be released on provisional anticipatory bail on
furnishing bail bonds of Rs.5000/- (Rupees five thousand) with
two sureties of the like amount each to the satisfaction of the
learned trial court where the case is pending/successor court in
connection with Sakra P.S. Case No.624/2025, subject to the
conditions as laid down under Section 482(2) of the B.N.S.S.
6. It is made clear that the learned trial court thereafter
shall verify the criminal antecedents of the petitioner and in the
event if it is found that petitioner has antecedent of more than
Patna High Court CR. MISC. No.10297 of 2026(3) dt.16-03-2026
3/3
one case, in that event, it would be presumed that petitioner had
concealed his antecedent before this court, as such, the
provisional anticipatory bail order shall not be confirmed but if
on verification it is found that petitioner has antecedent of one
case, in that event the provisional anticipatory bail order shall be
confirmed forthwith.
(Satyavrat Verma, J)
amit/-
U T
Checking your session…