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Patna High Court

Rajeev Kumar @ Rajeev RaiversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court allowed the withdrawal of the anticipatory bail application for petitioner 2 and granted provisional anticipatory bail to petitioner 1 subject to conditions under Section 438(2) CrPC.

Summary

The petitioners Rajeev Kumar and Ranjan Paswan filed anticipatory bail applications in a case concerning alleged offences under Section 30(a) of the Excise Act. During pendency, Ranjan Paswan was arrested, and his counsel sought to withdraw his anticipatory bail application. The court permitted the withdrawal, dismissing the petition with respect to him. For Rajeev Kumar, the court examined his claim of no possession of the seized liquor, lack of direct evidence, and alleged procedural lapses, and granted provisional anticipatory bail subject to a Rs 10,000 bond, two sureties, and compliance with Section 438(2) CrPC. The order also directed verification of his criminal antecedent, with the bail to be cancelled if more than two prior cases are found.

Issues considered

  • Whether the anticipatory bail application for petitioner 2 can be withdrawn after his arrest
  • Whether petitioner 1 is entitled to anticipatory bail under Section 438(2) CrPC for alleged offences under Section 30(a) of the Excise Act, considering his antecedents and the facts of the case

Legislation cited

Subjects

  • anticipatory bail
  • Section 438 CrPC
  • Excise Act
  • bail bond
  • withdrawal of application
  • criminal antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.17743 of 2026
                      Arising Out of PS. Case No.-528 Year-2025 Thana- LALGANJ District- Vaishali
                 ======================================================
           1.     Rajeev Kumar @ Rajeev Rai Son of Prem Rai Resident of village -
                  Khanjahachak, P.S.- Lalganj, District - Vaishali.
           2.    Ranjan Paswan @ Ranjan Kumar Son of Munnilal Paswan @ Munni
                 Paswan Resident of village - Khajauli urf Aurangabad, P.S.- Lalganj, District
                 - Vaishali

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Ms. Bela Singh
                 For the Opposite Party/s :       Dr. Kumar Uday Pratap
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   16-04-2026                  1. Heard learned counsel for the petitioners and

                   learned A.P.P. for the State.

                                2. The learned counsel for the petitioners seeks

                   permission to withdraw the present anticipatory bail

                   application with respect to petitioner no.2, namely, Ranjan

                   Paswan @ Ranjan Kumar, as petitioner no.2, during

                   pendency of the anticipatory bail application, was arrested.

                                3. Permission is accorded.

                                4. Accordingly, instant petition is dismissed as

                   withdrawn with respect to petitioner no.2, namely, Ranjan

                   Paswan @ Ranjan Kumar.
Patna High Court CR. MISC. No.17743 of 2026(2) dt.16-04-2026
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                       5. The petitioner no.1 seeks bail in anticipation of

          his arrest in a case registered for the offences punishable

          under Section 30(a) of the Excise Act.

                       6. The learned counsel for the petitioner submits

          that the petitioner has antecedent of two cases out of which

          one case is under the Excise Act and allegation is of

          recovery of 140 litres of liquor from diyara area along with

          20000 litres of raw jawa which was destroyed at the spot.

                       7. The learned counsel for the petitioner submits

          that petitioner was not arrested from the spot, as such,

          nothing was recovered from his conscious possession and

          even alleged recovery is from a place, which does not

          belong to the petitioner and is accessible to public at large

          and he came to be implicated at the instance of local person,

          but the name of the person, who disclosed the name of the

          petitioner is not disclosed in the F.I.R., which casts an

          aspersion on the case of the prosecution, when petitioner

          has not been based on secret information. It is also

          submitted that it is seen that in majority of the cases the

          police is implicating accused in cases relating to excise at

          the instance of Chaukidar or local person without holding a
Patna High Court CR. MISC. No.17743 of 2026(2) dt.16-04-2026
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          proper investigation.

                       8. Learned A.P.P. opposes the anticipatory bail

          application.

                       9. Considering the submissions made by the

          learned counsel for the petitioner, the petitioner no.1,

          above-named, in the event of his arrest or surrender before

          the learned Court below within a period of six weeks, is

          directed to be released on provisional anticipatory bail on

          his furnishing bail-bonds in the sum of Rs.10,000/- (Rupees

          Ten 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 Lalganj P. S.

          Case No.528 of 2025, subject to the conditions laid down

          under Section 438(2) of the Cr.P.C.

                       10.        The application stands allowed.

                       11.        It is made clear that the learned trial Court

          after accepting the provisional bail bonds of the petitioner

          shall verify the criminal antecedent of the petitioner and in

          the event, if it is found that petitioner has antecedent of

          more than two cases, then it would be presumed that

          petitioner for the purposes of obtaining anticipatory bail had
               Patna High Court CR. MISC. No.17743 of 2026(2) dt.16-04-2026
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                         concealed his antecedent before this Court, in that event, the

                         present provisional anticipatory bail order shall not be

                         confirmed, but if on verification, it is found that petitioner

                         has antecedent of two cases only, in that event, the

                         provisional anticipatory bail order shall be confirmed

                         forthwith.



                                                   (Satyavrat Verma, J)
vikash/-

U          T


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