Patna High Court
Rahul SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The Court allowed the anticipatory bail application, granting bail subject to specified conditions.
Summary
The petitioner, Rahul Singh, sought anticipatory bail after learning that his motorcycle was seized with 27 litres of illicit country-made liquor in a case under Section 30(a) of the Bihar Prohibition and Excise Act. He contended that he was not involved in the offence, having lent the motorcycle to a third party, Akhilesh Kumar Singh, and asserted a clean antecedent. The State opposed the bail, arguing the seizure implicated the petitioner. The Court, after considering the petitioner's claim of innocence and clean record, granted anticipatory bail subject to a cash bond, sureties, and a condition to deposit Rs. 25,000 to a charitable institution. The bail bonds were to be verified for genuineness and the petitioner’s antecedent before acceptance.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973 in a case under the Bihar Prohibition and Excise Act.
- Whether the conditions imposed by the Court are lawful and sufficient to safeguard the investigation.
Legislation cited
- Bihar Narcotic and Smuggling Act (BNSS) — s. 482
- Bihar Prohibition and Excise Act — s. 30(a)
- Criminal Procedure Code — s. 438(2)
Subjects
- anticipatory bail
- Section 438 CrPC
- Section 482 BNSS
- Bihar Prohibition and Excise Act
- clean antecedent
- illegal liquor seizure
- motor vehicle
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17410 of 2026
Arising Out of PS. Case No.-85 Year-2020 Thana- RISIYAP District- Aurangabad
======================================================
Rahul Singh Son of Dhirendra Singh R/o village Ghordaur, P.S.- Obra,
District - Aurangabad
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ashok Kumar Singh, Advocate
For the Opposite Party/s : Mr.Pronoti Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 24-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner apprehends his arrest in
connection with Risiup P.S. Case No. 85 of 2020 registered for
the offence under Section 30(a) of the Bihar Prohibition and
Excise Act.
3. As per the prosecution case, the recovery is of
total 27 litre of country-made liquor from a motorcycle.
4. It has been submitted by the learned counsel for
the petitioner that the petitioner is innocent and he has falsely
been implicated in this case. It is next submitted that though the
said motorcycle from which liquor has been recovered belongs
to the petitioner but the petitioner is not involved in the crime as
he had given his motorcycle to one Akhilesh Kumar Singh who
Patna High Court CR. MISC. No.17410 of 2026(2) dt.24-04-2026
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misused his trust. The name of the petitioner has come during
investigation. Petitioner has clean antecedent.
5. Learned A.P.P. for the State opposes the prayer
for anticipatory bail of the petitioner.
6. Considering the aforesaid facts, this application
is allowed.
7. Let the petitioner, above named, in the event of
his arrest or surrender before the concerned Court below within
four weeks from today, be released on bail on furnishing bail
bond of Rs. 10,000/- (Ten Thousand) with two sureties of the
like amount each to the satisfaction of the learned Special
Judge, Excise Court No. II, Aurangabad/ concerned Court below
in connection with Risiup P.S. Case No. 85 of 2020, subject to
the conditions laid down in Section 438(2) of the Code of
Criminal Procedure, 1973 / Section 482 of the BNSS.
8. This is also subject to the condition that the
petitioner shall deposit an amount of Rs. 25,000/- in
Ramakrishna Math, Village Jharha (near Matua Pahar), P.O.
Gurua, Gayaji and produce the receipt of the same before the
Court below. The bail bonds of the petitioner shall be accepted
after verifying the genuineness of the receipt produced by the
petitioner.
Patna High Court CR. MISC. No.17410 of 2026(2) dt.24-04-2026
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9. At the time of accepting the bail bonds of the
petitioner, the Court below shall verify the statement of the
petitioner that he has clean antecedent. The bail bonds of the
petitioner shall only be accepted if it is found that he has clean
antecedent.
(Sandeep Kumar, J)
tusharika/-
U T
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