Patna High Court
Dipu Rajvanshi @ Dipu RajbanshiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
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
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
- Bihar Prohibition and Excise Act — s. 47(A)
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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