Patna High Court
Rakesh Sapera @ Rakesh NutversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court ordered provisional anticipatory bail with conditions, pending verification of the petitioners' criminal antecedents.
Summary
The petitioners, Rakesh and Rajesh Sapera, were implicated in a case under Section 30(a) of the Bihar Excise Act for the alleged recovery of 70 litres of liquor near Ganeshi Bigha bridge. They contended that the liquor was not found in their possession, the location was a public area, and the informant’s identity was omitted from the FIR, suggesting a mechanically driven investigation. Seeking anticipatory bail, they argued that their antecedent cases (two for Rakesh and three for Rajesh) were already disclosed. The Court, after hearing both sides, granted provisional anticipatory bail subject to a bail bond of Rs.15,000 each with two sureties and a six‑week period for the trial court to verify the antecedents. It further stipulated that if the verification shows more than the disclosed antecedents, the bail would not be confirmed; otherwise, the provisional order would be made final.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under Section 482(2) of the BNSS in a case under Section 30(a) of the Bihar Excise Act.
- Whether the alleged procedural deficiencies in the FIR and investigation justify the grant of anticipatory bail.
Subjects
- anticipatory bail
- excise law
- Section 30(a)
- Bihar Excise Act
- criminal antecedent
- public place
- police investigation
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14647 of 2026
Arising Out of PS. Case No.-472 Year-2024 Thana- ISLAMPUR District- Nalanda
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1. Rakesh Sapera @ Rakesh Nut Son of Suren Nut @ Suren Sapera R/o Vill. -
Khatolna Bigha, P.S - Islampur, Dist - Nalanda.
2. Rajesh Sapera @ Rajesh Nut Son of Suren Nut @ Suren Sapera Vill -
Khatolna Bigha, P.S - Islampur, Dist - Nalanda
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Birendra Kumar, Advocate
For the Opposite Party/s : Mr. Bishweshwar Ram, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 13-03-2026 1. Heard learned counsel for the petitioners and
learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case
registered for the offences punishable under Section 30(a) of the
Bihar Excise Act.
3. Learned counsel for the petitioners submits that
petitioner no. 1 has antecedent of two cases under the Excise
Act and petitioner no. 2 has antecedent of three cases under the
Excise Act and allegation is of recovery of 70 liters of liquor
from a place near Ganeshi Bigha bridge.
4. Learned counsel for the petitioners submits that
petitioners were not apprehended from the spot as such nothing
Patna High Court CR. MISC. No.14647 of 2026(2) dt.13-03-2026
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was recovered from their conscious possession and even alleged
recovery is from a place which does not belong to the
petitioners and is accessible to public at large and they came to
be implicated at the instance of local person, but then the name
of the person who disclosed the name of the petitioners is not
disclosed in the FIR which casts an aspersion on the case of the
prosecution. It is also submitted that once an accused is
implicated in a case relating to excise, the police starts
implicating mechanically either at the instance of Chowkidar,
local person, confessional statement or secret information
without holding a proper investigation.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioners.
6. Considering the submissions made by the learned
counsel for the petitioners, the petitioners above-named, in the
event of their 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.
15,000/- (Rupees Fifteen Thousand) each 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 Islampur P.S. Case No. 472 of 2024 subject to the
Patna High Court CR. MISC. No.14647 of 2026(2) dt.13-03-2026
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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 petitioners and
in the event if it is found that petitioner no. 1 has antecedent of
more than two cases and petitioner no. 2 has antecedent of more
than three cases then it would be presumed that petitioners, for
the purposes of seeking anticipatory bail, had concealed their
antecedent before this Court, as such, the provisional
anticipatory bail order shall not be confirmed, but after
verification if it is found that petitioner no. 1 has antecedent of
two cases only and petitioner no. 2 has antecedent of three cases
only, in that event the provisional anticipatory bail order shall be
confirmed forthwith.
(Satyavrat Verma, J)
Rishabh/-
U T
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