Patna High Court
Rajesh Singh @ Rajesh Kumar Kushwaha @ Rajesh KushwahaversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- SATYAVRAT VERMA
Holding
Anticipatory bail was denied as there was no apprehension of arrest and the petitioner was not named in the FIR.
Summary
The Patna High Court heard an anticipatory bail application filed by Rajesh Singh, who feared arrest in a case involving offences under several IPC sections and the Bihar Excise Act. The petitioner contended that his name does not appear in the FIR and that the police were unlawfully seeking to arrest him. The State argued that there was no basis for anticipatory bail and that the petitioner should first approach the Superintendent of Police. The Court, agreeing with the State, found no apprehension of arrest and noted that the petitioner had not made any representation to the police. Accordingly, the Court rejected the anticipatory bail application.
Issues considered
- Whether anticipatory bail can be granted when the petitioner is not named in the FIR and there is no apprehension of arrest
Legislation cited
- Indian Penal Code — s. 120(B), 201, 272, 273, 304, 308, 328
Subjects
- anticipatory bail
- arrest
- FIR
- criminal procedure
- spurious liquor
- IPC
- Bihar Excise Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24462 of 2026
Arising Out of PS. Case No.-341 Year-2022 Thana- BHAGWANPUR HAT District- Siwan
======================================================
Rajesh Singh @ Rajesh Kumar Kushwaha @ Rajesh Kushwaha S/o Ashok
Prasad R/o Noor Nagar, Kanhi, P.S.- Jalalpur Bazar, Dstrict- Saran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Harish Kumar, Advocate
For the Opposite Party/s : Ms. Anita Kumari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 18-04-2026 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 Sections 272, 273,
328, 308, 304, 201 and 120(B) of the Indian Penal Code read
with Sections 30(a), 33, 34 and 37(b) of the Bihar Excise Act.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of eight cases out of which four cases
are under the Excise Act and the informant alleges that
14.12.2022, a secret information was received that Rajendra
Pandit, Amir Manjhi, Awadh Manjhi and Shambhu Manjhi
along with Mahesh Rai died under suspicious circumstances
after falling ill, thereafter on 19.12.2022, the informant got an
information that death of the abovementioned persons occurred
Patna High Court CR. MISC. No.24462 of 2026(2) dt.18-04-2026
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due to consumption of spurious liquor and the family members
believing it to be a natural death performed cremation, it is next
alleged that above deceased on insistence of Jamadar Rai went
to the house of Radhe Maho, Anil Singh and Sushil Singh where
they consumed spurious liquor on account of which their health
deteriorated leading to death, it is further alleged that Jamadar
Rai along with other co-accused committed the said occurrence.
4. Learned counsel for the petitioner submits that
from perusal of the FIR, it would manifest that petitioner is not
named in the FIR. It is also submitted that during the course of
investigation, the name of the petitioner transpired in Isuapur
P.S. Case No. 280 of 2022 and not in the instant case, but still
the police is knocking the doors of the petitioner for arresting
him in the instant case, on which the learned APP submits that if
the name of the petitioner has not transpired in the instant case
then on what basis, the petitioner has filed the instant
anticipatory bail application.
5. It is also submitted by the learned APP that if
police is trying to illegally arrest the petitioner in the instant
case despite his name not figuring in the case during the course
of investigation, in that event the petitioner ought to have
moved before the concerned Superintendent of Police bringing
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to his notice that despite not being implicated in the instant FIR,
the police is knocking his door for arresting him, but then from
perusal of the pleadings made in the anticipatory bail
application, it manifests that no such steps have been taken. The
learned APP next submits that if petitioner is not named in the
FIR and his name has not transpired in the case, as being
submitted by the learned counsel appearing on behalf of the
petitioner then there is absolutely no apprehension of arrest in
the instant case, but then the learned APP fairly submits that
petitioner should file a representation before the concerned
authority bringing to his notice that as to why police is chasing
him when he is not an accused in the present case.
6. After hearing the learned counsel for the parties,
the Court is in complete agreement with the learned APP for the
State, as such, is not inclined to entertain the anticipatory bail
application.
7. Accordingly, the instant anticipatory bail
application stands rejected.
(Satyavrat Verma, J)
Rishabh/-
U T
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