Patna High Court
Rajeev Raj @ BadmashversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail is granted to the petitioner subject to the stipulated conditions.
Summary
The petitioner, Rajeev Raj, feared arrest in a case under Section 30(a) of the Bihar Prohibition and Excise Act after 1794.375 litres of illicit liquor were seized from a co‑accused. He argued that no incriminating material was found in his possession, his name only surfaced during investigation, and he has no prior similar offences. The court considered these facts and, deeming the petitioner not directly linked to the seized liquor, granted anticipatory bail. The order stipulated that the petitioner must surrender within eight weeks, furnish a bail bond of Rs 10,000 with two sureties of equal amount, and comply with conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita. The bail was to be processed by the District & Additional Sessions Judge, Special Judge, Excise‑I, Biharsharif, Nalanda.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the circumstances of the case
- Whether the petitioner’s alleged involvement warrants the imposition of bail conditions
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
Subjects
- anticipatory bail
- illicit liquor
- Bihar Prohibition and Excise Act
- Bharatiya Nagarik Suraksha Sanhita
- bail conditions
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17577 of 2026
Arising Out of PS. Case No.-384 Year-2025 Thana- GRIYAK District- Nalanda
======================================================
Rajeev Raj @ Badmash S/O Nageshwar Prasad @ Lallu R/O- Chorsua, P.S.-
Giriak, District- Nalanda
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Amresh Kumar Sinha, Advocate
For the Opposite Party/s : Mr. Damodar Prasad Tiwary, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 01-04-2026 Heard learned counsel for the petitioner and the State.
2. Petitioner apprehends arrest in a case registered for
the offence punishable under Section 30(a) of the Bihar
Prohibition and Excise Act.
3. As per prosecution case, 1794.375 litres illicit
liquor was recovered from the store room of co-accused Dinesh
Prasad.
4. Learned counsel for the petitioner submits that no
incriminating material has been recovered from conscious
possession of the petitioner and his name transpired during
investigation. Petitioner has got no concern with the alleged
recovery and has got no criminal antecedents of similar nature.
5. Considering the aforesaid facts and circumstances
of the case, this anticipatory bail is allowed and it is ordered that
Patna High Court CR. MISC. No.17577 of 2026(2) dt.01-04-2026
2/2
let the above named petitioner in the event of his
arrest/surrender before the court below within a period of eight
weeks from today, be enlarged on bail on furnishing bail-bond
of Rs. 10,000/- (ten thousand) with two sureties of the like
amount each to the satisfaction of learned District & Additional
Sessions Judge V-cum-Special Judge, Excise-I, Biharsharif,
Nalanda in connection with Giriak (Pawapuri) P. S. Case No.
384 of 2025, subject to condition as laid down under Section
482(2) of the Bharatiya Nagarik Suraksha Sanhita.
(Prabhat Kumar Singh, J)
Navya/-
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