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Patna High Court

Somaru RajwarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court granted provisional anticipatory bail subject to verification of the petitioner’s antecedents, with confirmation contingent on finding only one prior case.

Summary

The petitioner, Somaru Rajwar, sought anticipatory bail after the police registered a case under Section 30(a) of the Bihar Excise Act alleging recovery of 2.3 litres of liquor from a bush behind his house. He contended that the liquor was not in his conscious possession, the location did not belong to him, and the complaint originated from a hostile neighbour (Chowkidar) who failed to inform police earlier. The State opposed the bail, arguing the seriousness of the excise offence. The High Court, considering the submissions, granted provisional anticipatory bail conditioned on a Rs.5,000 bond with two sureties and directed the trial court to verify the petitioner’s criminal antecedents. The order stipulated that if more than one prior case is found, the bail would not be confirmed; otherwise, it would be confirmed forthwith.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail under Section 482(2) of the Code of Criminal Procedure in a case under Section 30(a) of the Bihar Excise Act.
  • Whether the alleged recovery of liquor from a location not owned by the petitioner and the involvement of a hostile neighbour affect the bail application.
  • Whether the petitioner’s criminal antecedents, if more than one, should preclude confirmation of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • excise offence
  • Section 30
  • police investigation
  • criminal antecedent
  • provisional bail
  • High Court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.21470 of 2026
                    Arising Out of PS. Case No.-488 Year-2025 Thana- AKHODHIGOLA District- Rohtas
                 ======================================================
                 Somaru Rajwar Son of Chana Rajwar Resident of village - Mahuari, P.S.-
                 Akorhi Gola, District - Rohtas.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Vinay Kumar Singh, Advocate
                 For the Opposite Party/s :      Mr. Rajesh Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

3   01-04-2026                  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 Section 30(a) of the

                   Bihar Excise Act.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of one case under the Excise Act and

                   allegation is of recovery of 2.3 liters of liquor from a bush

                   behind the house of the petitioner.

                                4. Learned counsel for the petitioner submits that

                   petitioner was not apprehended 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,

                   but then is adjacent to his house and he came to be implicated at
Patna High Court CR. MISC. No.21470 of 2026(3) dt.01-04-2026
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          the instance of Chowkidar with whom he is on an inimical term.

          It is next submitted that if Chowkidar was aware of the

          involvement of the petitioner in the occurrence then why he did

          not inform the police prior to institution of the instant FIR

          which casts an aspersion on the case of the prosecution. It is

          also submitted that once an accused is implicated in a case

          relating to excise, the police starts implicating mechanically

          either at the instance of Chowkidar, local person, confessional

          statement or secret information without holding a proper

          investigation.

                       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 for the petitioner, the petitioner above-named, in the

          event of his arrest or surrender before the learned Trial Court

          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 learned Trial Court where

          the case is pending/successor court in connection with

          Akhorhigola P.S. Case No. 488 of 2025 subject to the conditions

          as laid down under Section 482 (2) of the BNSS.
            Patna High Court CR. MISC. No.21470 of 2026(3) dt.01-04-2026
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                                   7. It is made clear that thereafter the learned Trial

                      Court shall verify the criminal antecedent of the petitioner and

                      in the event if it is found that petitioner has antecedent of more

                      than one case then it would be presumed that petitioner, for the

                      purposes of seeking anticipatory bail, had concealed his

                      antecedent before this Court, as such, the provisional

                      anticipatory bail order shall not be confirmed, but after

                      verification if it is found that petitioner has antecedent of one

                      case only, in that event the provisional anticipatory bail order

                      shall be confirmed forthwith.



                                                        (Satyavrat Verma, J)
Rishabh/-

U      T


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