Patna High Court

Rajnish KumarversusThe State of Bihar

Decided: 12 March 2026
Disposal: DISPOSED
Bench: SATYAVRAT VERMA

Holding

The court granted provisional anticipatory bail, subject to verification of the petitioner’s antecedent and compliance with Section 482(2) conditions.

Summary

The petitioner, Rajnish Kumar, sought anticipatory bail in a case under Section 30(a) of the Bihar Prohibition and Excise Act, alleging that he was implicated without being caught in possession of 25 litres of liquor and that the FIR was based on undisclosed information. He asserted a clean criminal record and argued that the seizure was from a vehicle he did not own. The State opposed the bail. The High Court, after considering the submissions, directed the petitioner to be released on provisional anticipatory bail upon furnishing a bail bond of Rs.500 with two sureties, subject to verification of his antecedent and compliance with conditions under Section 482(2) of the B.N.S.S. The order was made conditional: if any antecedent is found, the bail would not be confirmed; otherwise, it would be confirmed forthwith. The application was allowed.

Issues considered

Whether anticipatory bail should be granted in a case under Section 30(a) of the Bihar Prohibition and Excise Act.
Whether the petitioner’s clean antecedent justifies the grant of anticipatory bail.
Whether the conditions prescribed under Section 482(2) of the B.N.S.S. are applicable.

Legislation cited

B.N.S.S. — s. 482(2)

Subjects

anticipatory bail
Bihar Prohibition and Excise Act
Section 30(a)
clean antecedent
provisional bail
Section 482(2) B.N.S.S.

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.13726 of 2026
                         Arising Out of PS. Case No.-965 Year-2025 Thana- FATUA District- Patna
                 ======================================================
                 Rajnish Kumar Son of Jugal Singh Resident of Village - Dumari, Police
                 Station - Fatuha, District - Patna.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Awadhesh Kumar, Advocate
                 For the Opposite Party/s :       Mr. Dilip Kumar No. 1, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   12-03-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. Petitioner apprehends his arrest in a case registered

                   for the offence punishable under Section 30(a) of Bihar

                   Prohibition and Excise Act.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 25 litres of liquor from a motorcycle. 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 seized vehicle and came to be implicated at the

                   instance of local person but then name of the person who

                   disclosed the name of the petitioner is not disclosed the FIR,

                   which casts an aspersion on the case of the prosecution moreso
Patna High Court CR. MISC. No.13726 of 2026(2) dt.12-03-2026
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          petitioner has not been implicated based on secret information

          and is a person with clean antecedent.

                       4. Learned A.P.P. opposes the anticipatory bail

          application.

                       5. Considering the submissions made by the learned

          counsel for the petitioner, the petitioner, above-named, in the

          event of his arrest or surrender before the learned Court below

          within a period of six weeks, is directed to be released on

          provisional anticipatory bail on his furnishing bail-bond in the

          sum of Rs.500/- (Rupees Five Hundred) with two sureties of the

          like amount each to the satisfaction of learned Exclusive Special

          Court of Excise, Patna City in connection with Fatuha P.S. Case

          No.965 of 2025, subject to the conditions laid down under

          Section 482(2) of the B.N.S.S.

                       6. The application stands allowed.

                       7. It is made clear that the learned trial Court after

          accepting the provisional bail bond of the petitioner shall verify

          the criminal antecedent of the petitioner and in the event, if it is

          found that petitioner has antecedent of even one case, then it

          would be presumed that petitioner for the purposes of obtaining

          anticipatory bail had concealed his antecedent before this Court,

          in that event, the present provisional anticipatory bail order shall
               Patna High Court CR. MISC. No.13726 of 2026(2) dt.12-03-2026
                                                           3/3




                         not be confirmed, but if on verification, it is found that

                         petitioner is a person with clean antecedent, in that event, the

                         provisional anticipatory bail order shall be confirmed forthwith.


                                                   (Satyavrat Verma, J)

Sanjay/-

U          T

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