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Patna High Court

Dipu Rajvanshi @ Dipu RajbanshiversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Anticipatory bail is granted to the petitioner subject to conditions.

Summary

The petitioner, Dipu Rajvanshi, sought anticipatory bail after learning that a case had been registered against him under Section 47(A) of the Bihar Prohibition and Excise Act for the alleged possession of 35 litres of illicit liquor and 340 kg of fermented Jawa Mahua recovered from an open place. The prosecution argued that the recovery indicated involvement, while the petitioner contended that no incriminating material was found in his conscious possession and that the recovery was from a publicly accessible area, making the accusation merely speculative. The learned counsel for the State opposed the bail application, emphasizing the seriousness of the offence. The Court examined the nature of the accusation, the circumstances of the recovery, and the statutory provision for anticipatory bail under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita. Finding that the petitioner’s apprehension of arrest was genuine and that the evidence did not directly link him to the seized contraband, the Court granted anticipatory bail with conditions of a bail bond and sureties. The order directed that if arrested within eight weeks, the petitioner be released on bail subject to the stipulated terms.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita in a case under Section 47(A) of the Bihar Prohibition and Excise Act.
  • Whether the recovery of illicit liquor and fermented Jawa Mahua from an open place suffices to justify denial of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • Bihar Prohibition and Excise Act
  • Bharatiya Nagarik Suraksha Sanhita
  • illegal liquor
  • bail conditions
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.22581 of 2026
                   Arising Out of PS. Case No.-481 Year-2015 Thana- GOVERNMENT OFFICIAL COMP.
                                                     District- Nawada
                 ======================================================
                 Dipu Rajvanshi @ Dipu Rajbanshi Son of Saraju Rajbanshi Resident of
                 village - Tungi Tola Chakpar, P.S.- Hisua, District - Nawada.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :    Mr. Krishna Deo Raj, Advocate
                 For the Opposite Party/s :    Mr. Manoj Kumar, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   15-04-2026                   Heard learned counsel for the petitioner and the State.

                                2. Petitioner apprehends arrest in a case registered for

                   the offence punishable under Section 47(A) of the Bihar

                   Prohibition and Excise Act.

                                3. As per prosecution case, 35 litres illicit liquor and

                   340 kg fermented Jawa Mahua was recovered from an open

                   place.

                                4. Learned counsel for the petitioner submits that no

                   incriminating material has been recovered from conscious

                   possession of the petitioner. Petitioner has got no concern with

                   the alleged recovery and he has been made accused in this case

                   merely on suspicion. Recovery has been made from an open

                   place, accessible to one and all.
              Patna High Court CR. MISC. No.22581 of 2026(2) dt.15-04-2026
                                                          2/2




                                     5. Learned A.P.P. for the State opposed the bail

                        application.

                                     6. Considering nature of accusation and place of

                        recovery, this anticipatory bail is allowed and it is ordered that

                        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 Exclusive Special Excise

                        Judge-II, Nawada in connection with G.O. Case No. 481 of

                        2015, subject to condition as laid down under Section 482(2) of

                        the Bharatiya Nagarik Suraksha Sanhita.



                                              (Prabhat Kumar Singh, J)
Navya/-

U         T


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