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Patna High Court

Raja Singh @ Raja Kumar SinghversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted anticipatory bail to the petitioners, subject to a bail bond and verification of antecedents.

Summary

The petitioners, Raja Singh and Suraj Chaudhary, feared arrest in a case (Manjhi P.S. Case No. 71 of 2026) involving the recovery of 166.26 litres of illicit liquor under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022. They contended that they were innocent, had no involvement in the alleged offence, and were named only based on identification by a chowkidar, with no prior criminal record. The State opposed their bail application. The High Court, considering the circumstances, granted anticipatory bail to the petitioners, subject to a bail bond of Rs.30,000 each and conditions under Section 482(2) of the BNSS, 2023. The Court also directed the trial court to verify the petitioners' criminal antecedents and cancel the bail bond if any concealment is discovered, but ordered that acceptance of the bond should not be delayed for verification.

Issues considered

  • Whether anticipatory bail can be granted to the petitioners under Section 482(2) of the BNSS, 2023 in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.
  • Whether the identification by a chowkidar and the alleged clean antecedents justify the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • illicit liquor
  • prohibition act
  • criminal procedure
  • Section 482
  • bail bond
  • identification by chowkidar

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.21714 of 2026
                         Arising Out of PS. Case No.-71 Year-2026 Thana- MANJHI District- Saran
                 ======================================================
           1.     Raja Singh @ Raja Kumar Singh S/O Bashakit Singh R/O Village- Dhani
                  Chapra, P.S- Manjhi, Distt.- Saran at Chapra (Bihar).
           2.     Suraj Chaudhary @ Suraj Kumar Chaudhary S/O Mushafir Chaudhary R/O
                  Village- Durgapur, P.S- Manjhi, Distt.- Saran at Chapra (Bihar).
                                                                                ... ... Petitioner/s
                                                    Versus
                 The State of Bihar
                                                                         ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Rakesh Kumar, Advocate
                 For the Opposite Party/s :        Mr. Shyameshwar Dayal, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
                                       ORAL ORDER

2   08-04-2026                           Heard learned counsel for the petitioners and

                   learned APP for the State.

                                2. The petitioners            are apprehending           arrest   in

                   connection with Manjhi P.S. Case No. 71 of 2026, dated

                   14.02.2026, lodged under Section 30(a) of the Bihar Prohibition

                   and Excise (Amendment) Act, 2022.

                                3. As per the prosecution, total recovery of 166.26

                   litres of illicit liquor has been made, which is the subject matter

                   of the present case.

                                4. Learned counsel for the petitioners submits that the

                   petitioners are innocent and have committed no offence. Counsel

                   further submits that the petitioners have no concern with the

                   alleged recovery. Counsel further submits that the petitioners’

                   names have surfaced in this case merely on the basis of

                   identification by the Chowkidar. It is further submitted that the

                   criminal antecedents of the petitioners are clean.
          Patna High Court CR. MISC. No.21714 of 2026(2) dt.08-04-2026
                                                      2/2




                                 5. Learned APP for the State opposes the prayer for

                    bail of the petitioners.

                                 6. In the present facts and circumstances of this case,

                    let the above named petitioners be released on anticipatory bail,

                    in the event of arrest or surrender before the Trial Court within a

                    period of 4 weeks from today, on furnishing bail bond of

                    Rs.30,000/- (Rupees Thirty Thousand) each as mentioned in

                    Section 2(1)(d) of the BNSS, 2023 to the satisfaction of 2nd

                    Exclusive Special Excise Judge, Saran at Chapra, in connection

                    with Manjhi P.S. Case No. 71 of 2026, subject to the conditions

                    as laid down U/s 482(2) of the BNSS, 2023.

                                 7. It is further directed that the Trial Court shall verify

                    the criminal antecedents of the petitioners, and in case it is found

                    at any stage that the petitioners have concealed their criminal

                    antecedents, the Trial Court shall take steps for cancellation of

                    the petitioners’ bail bond. However, the acceptance of the bail

                    bond in terms of the above-mentioned order shall not be delayed

                    for the purpose of or in the name of verification.



                                                                         (Dr. Anshuman, J.)
Aman Kumar/-

U     T


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