Patna High Court
Rakesh KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail subject to bond, sureties and verification of antecedent cases.
Summary
The petitioner, Rakesh Kumar, sought anticipatory bail fearing arrest in a case under Sections 274 and 275 of the Bihar Narcotic Substances Act, 2023 and Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022. He alleged that the alleged seizure of 2,181.57 litres of liquor and a motorcycle was made from a field adjacent to his banana plantation and that he was not in possession of the contraband nor the vehicle. The prosecution’s case relied on a confessional statement of an accused in police custody, which the petitioner argued lacks evidentiary value. The State opposed the bail. The Court, after considering the submissions, granted provisional anticipatory bail on a bond of Rs.35,000 with two sureties, subject to verification of the petitioner’s criminal antecedent and conditions under Section 438(2) CrPC/Section 482(2) of the B.N.S.S.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the circumstances of alleged liquor seizure and his criminal antecedent.
Legislation cited
- Bihar Narcotic Substances Act — s. 274, 275, 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- excise law
- liquor seizure
- criminal antecedent
- Section 438 CrPC
- Bihar Prohibition and Excise Act
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14752 of 2026
Arising Out of PS. Case No.-19 Year-2026 Thana- BIDUPUR District- Vaishali
======================================================
Rakesh Kumar S/o Late Balmiki Singh @ Late Balamiki Singh R/V -
Rahimapur, PS- Bidupur, Dist- Vaishali
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Nupur, Advocate
Mr. Anuj Kumar, Advocate
For the Opposite Party/s : Mr. Shahabuddin Azeem @ S. Azeem, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
4 27-04-2026 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 Sections 274 and
275 of the BNS, 2023 as well as Section 30(a) of the Bihar
Prohibition and Excise (Amendment) Act, 2022.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of seven cases out of which two cases
are under the Excise Act and allegation is of recovery of
2181.57 litres of liquor from a field and one motorcycle was
also seized.
4. Learned counsel for the petitioner submits that
petitioner was not arrested from the spot, as such, nothing was
recovered from his conscious possession. It is further submitted
Patna High Court CR. MISC. No.14752 of 2026(4) dt.27-04-2026
2/3
that petitioner is not the owner of the seized vehicle and came to
be implicated based on the fact that the field from which the
recovery seizure was made is alleged to be belonging to the
petitioner. It is next submitted that the alleged recovery, no
doubt, is from a field but then the said field is adjacent to the
banana plantation of the petitioner and he came to be implicated
based on the confessional statement of apprehended accused in
police custody which does not have any evidentiary value in the
eye of law. It is also submitted that of late the police have
started implicating accused with criminal antecedent in cases
relating to excise for obvious reasons without holding a proper
investigation of the case.
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 appearing on behalf of the petitioner, let 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.35,000/-
(Rupees Thirty-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 Bidupur
Patna High Court CR. MISC. No.14752 of 2026(4) dt.27-04-2026
3/3
P.S. Case No. 19 of 2026, subject to the conditions as laid down
under Section 438(2) of the Cr.P.C./482(2) of the B.N.S.S.
7. However, it is made clear that thereafter the
learned Trial Court shall verify the criminal antecedent of the
petitioner and if it is found that petitioner has antecedent of
more than seven cases, it would be presumed that petitioner had
concealed his antecedent before this Court at para 3 of the
anticipatory bail application in that event the provisional
anticipatory bail order shall not be confirmed but if it is found
on verification that petitioner has antecedent of only seven cases
in that event the provisional anticipatory bail order shall be
confirmed forthwith.
(Satyavrat Verma, J)
Kundan/-
U T
Checking your session…