Patna High Court
Haro Rajvanshi @ Shiv Kumar Ram @ Shivkumar NramversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- RAJIV ROY
Holding
Anticipatory bail is denied due to the petitioner’s ten‑year delay in seeking relief.
Summary
The petitioner, Haro Rajvanshi, sought anticipatory bail fearing arrest in a case (G.O. Case No.52 of 2010) for an offence under Section 47(A) of the Excise Act, arising from the recovery of 50 litres of country‑made liquor and 1,000 kg of fermented mahua. He contended that he was outside Bihar and only learned of the non‑bailable warrant later, while the State pointed out that the FIR dates back to 2010. The Court observed that the petitioner had deliberately avoided filing any application for ten years, indicating a lack of bona‑fide urgency. Consequently, the Court rejected the anticipatory bail plea, but directed that if the petitioner surrenders within four weeks and files a regular bail application, the matter should be heard promptly, preferably on the same day. The order reflects the Court’s stance that delay and evasion preclude anticipatory relief, yet allows a conditional surrender route.
Issues considered
- Whether anticipatory bail can be granted after a ten‑year lapse since the FIR was lodged
- Whether the petitioner’s claim of being outside the State and unaware of the warrant merits relief
Legislation cited
- Excise Act — s. 47(A)
Subjects
- anticipatory bail
- Excise Act
- Section 47(A)
- delay in filing
- FIR
- surrender
- bail application
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21601 of 2026
Arising Out of PS. Case No.-52 Year-2010 Thana- GOVERNMENT OFFICIAL COMP.
District- Nawada
======================================================
Haro Rajvanshi @ Shiv Kumar Ram @ Shivkumar Nram S/o Bachchu Ram
R/o Village- Bhikhampur, Rajkari Tola, PS- Rupau, Distt.- Nawada
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pramod Kumar Verma, Advocate
For the State : Mr. Nityanand, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 16-04-2026 Heard the parties.
2. The petitioner is apprehending his arrest in
connection with G.O. Case No. 52 of 2010 registered for the
offence punishable under Sections 47(A) of the Excise Act.
3. As per the prosecution story, the Police recovered
50 liters country made liquor beside 1000 Kg fermented mahua
near the canal. This led to the F.I.R..
4. Learned counsel for the petitioner submits that the
Police implicated him, he was outside the State and only after
the none bailable warrant issued that he came to know about it.
5. Learned APP opposes the prayer submitting that
the F.I.R. is of the year 2010.
6. Considering the submissions of the parties as also
Patna High Court CR. MISC. No.21601 of 2026(2) dt.16-04-2026
2/2
that though the petitioner has a case, he has evaded filing of any
petitioner for ten years, in that background, no relief can be
extended to him.
7. The anticipatory bail application stands rejected.
8. However, if the petitioner surrenders within a
period of four weeks, files bail application, the court concerned
shall consider the matter and dispose it of preferably on the
same day.
(Rajiv Roy, J)
vinayak/-
U T
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