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Patna High Court

Rajesh Kumar Singh @ Rajesh Kushwaha @ Rajesh Singh @ DoctorversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

Anticipatory bail was not granted to the petitioner.

Summary

The petitioner, Rajesh Kumar Singh, sought anticipatory bail fearing arrest in connection with a case (Mashrakh P.S. Case No.583/2022) involving the consumption of spurious liquor that resulted in one death and fourteen injuries. The FIR alleged offences under Sections 272, 273, 328, 308, 304, 120(B) of the Indian Penal Code and Sections 30(a), 33, 34 of the Bihar Prohibition and Excise Act. The petitioner argued that bail was necessary to avoid unlawful detention. The Court examined the seriousness of the alleged offences, noting the fatality and multiple injuries caused by the spurious liquor. Considering the gravity of the incident, the Court declined to extend the privilege of anticipatory bail. Consequently, the petition for anticipatory bail was rejected.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner in view of the alleged offences under the IPC and Bihar Prohibition and Excise Act arising from the consumption of spurious liquor.

Legislation cited

Subjects

  • anticipatory bail
  • spurious liquor
  • IPC
  • Bihar Prohibition and Excise Act
  • death
  • injury

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.25215 of 2026
                       Arising Out of PS. Case No.-583 Year-2022 Thana- MASHRAK District- Saran
                 ======================================================
                 Rajesh Kumar Singh @ Rajesh Kushwaha @ Rajesh Singh @ Doctor S/O
                 Ashok Prasad R/O Noor Nagar, Kanhi, P.S.- Jalalpur Bazar, District- Saran

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar
                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Harish Kumar
                 For the Opposite Party/s :       Ms. Gulnar Begum
                 ======================================================
                 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 connection

                   with Mashrakh P.S. Case No.583/2022, registered for the offences

                   punishable under Sections 272, 273, 328, 308, 304, 120(B) IPC

                   and Sections 30(a), 33, 34 of Bihar Prohibition and Excise Act.

                                3. In the nature of allegation as alleged in the FIR, the

                   Court is not inclined to extend the privilege of anticipatory bail to

                   the petitioner as one person after consuming spurious liquor died

                   and 14 persons are undergoing treatment on account of consuming

                   spurious liquor.

                                4. The anticipatory bail application of the petitioner is

                   rejected.

                                                    (Satyavrat Verma, J)
amit/-
U      T


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