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Patna High Court

Vijay Rajbhar @ Vijay Kumar Rajbhar @ Vijay Kumar Prasad RajbharversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court conditionally granted provisional anticipatory bail, subject to verification of the petitioner’s antecedent, under its inherent powers.

Summary

The petitioner, Vijay Rajbhar, was implicated in a case under Section 30(a) of the Bihar Excise Act for the alleged recovery of 140 litres of liquor from a location behind his house. He contended that the liquor was not found in his possession and that the complaint was filed by a watchman (Chowkidar) with whom he had a personal enmity, suggesting a false implication. The State opposed his prayer for anticipatory bail. The High Court, after considering the submissions, granted provisional anticipatory bail subject to a bail bond of Rs.500 with two sureties and directed the trial court to verify the petitioner’s criminal antecedent. The order stipulated that if any antecedent is discovered, the bail would not be confirmed; otherwise, the provisional bail would be confirmed forthwith.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail under the inherent powers of the High Court in a case under Section 30(a) of the Bihar Excise Act.
  • Whether the absence of seizure from the petitioner’s possession and the alleged motive of the complainant justify granting bail.

Legislation cited

Subjects

  • anticipatory bail
  • Bihar Excise Act
  • Section 30
  • possession
  • watchman
  • criminal antecedent
  • High Court inherent powers

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.13963 of 2026
                       Arising Out of PS. Case No.-375 Year-2025 Thana- DURAULI District- Siwan
                 ======================================================
                 Vijay Rajbhar @ Vijay Kumar Rajbhar @ Vijay Kumar Prasad Rajbhar Son
                 of Late Harihar Rajbhar Resident of Village - Ammarpur, Police station -
                 Darauli, Dist. - Siwan.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Shailendra Kumar Dwivedi, Advocate
                 For the Opposite Party/s :       Mr. Braj Kishore Pd.(App)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   12-03-2026                  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 offences punishable under Section 30(a) of the

                   Bihar Excise Act.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 140 liters of liquor from a place behind the house of

                   the petitioner.

                                4. Learned counsel for the petitioner submits that the

                   petitioner was not apprehended from the spot as such nothing

                   was recovered from his conscious possession and even alleged

                   recovery is from a place which does not belong to the petitioner,
Patna High Court CR. MISC. No.13963 of 2026(2) dt.12-03-2026
                                            2/3




          but then is adjacent to his house and he came to be implicated at

          the instance of Chowkidar with whom he is on an inimical term.

          It is next submitted that if Chowkidar was aware of the

          involvement of the petitioner in the occurrence then why he did

          not inform the police prior to institution of the instant FIR

          which casts an aspersion on the case of the prosecution. It is

          also submitted that it appears that Chowkidar in order to save

          the real culprits falsely implicated the petitioner.

                       5. Learned A.P.P. for the State opposes the prayer for

          anticipatory bail of the petitioner.

                       6. 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 Trial Court

          within a period of six weeks from today, be released on

          Provisional anticipatory bail on furnishing bail bonds of Rs.

          500/- (Rupees Five Hundred) 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 Durauli

          P.S. Case No. 375 of 2025 subject to the conditions as laid down

          under Section 482 (2) of the BNSS.

                       7. It is made clear that thereafter the learned Trial

          Court shall verify the criminal antecedent of the petitioner and
            Patna High Court CR. MISC. No.13963 of 2026(2) dt.12-03-2026
                                                        3/3




                      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 seeking anticipatory bail, had concealed his

                      antecedent before this Court, as such, the provisional

                      anticipatory bail order shall not be confirmed, but after

                      verification if 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)
Rishabh/-

U      T


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