Rakesh KumarversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.16447 of 2026
                     Arising Out of PS. Case No.-8 Year-2026 Thana- BHAGWANGANJ District- Patna
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                 Rakesh Kumar S/O Bhuar Yadav @ Nagendra Yadav R/O Village- Khainia
                 Chak, P.S- Bhagwanganj, Distt.- Patna.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Ajay Kumar Sinha
                 For the Opposite Party/s :      Mr. Suman Kumari Singh
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                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   17-03-2026                  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 Act.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of one case and allegation is of

                   recovery of 121.5 litres of liquor concealed under heap of straw

                   of three accused persons, out of which, 40 litres of liquor

                   alleged to have been recovered from heap of straw concealed in

                   Khalihan of petitoiner and 1.5 litres of liquor from house of

                   petitioner. It is next submitted that petitioner was not arrested

                   from the spot as such nothing was recovered from his conscious

                   possession and khalihan is a place outside the house and thus is
Patna High Court CR. MISC. No.16447 of 2026(2) dt.17-03-2026
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          accessible to villagers at large as such it appears that someone

          inimical to the family concealed meager amount of liquor with

          an intent to implicate the entire family. It is next submitted that

          no prudent person would use his own premises for committing

          an occurrence and thus would create evidence against himself

          and hence would get implicated. It is also submitted that the

          house in question is a joint family property as such it cannot be

          alleged with certainty that it was petitioner, who had kept the

          liquor in the house or the liquor kept in the house was within his

          knowledge and after amendment in the Excise Act in the year

          2018, the concept of deemed possession and presumed offender

          has been done away with and he came to be implicated based on

          confessional statement of Gauri Devi, his sister-in-law with

          whom the family of the petitioner is on an inimical term.

                       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
             Patna High Court CR. MISC. No.16447 of 2026(2) dt.17-03-2026
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                       learned trial court where the case is pending/successor court in

                       connection with Bhagwanganj P.S. Case No.8/2026, 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

                       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