Patna High Court
Rakesh KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court ordered provisional anticipatory bail for the petitioner, subject to bond, sureties, and verification of his antecedent.
Summary
The petitioner, Rakesh Kumar, was implicated in a case under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act for allegedly possessing 25.92 litres of liquor at his cloth shop. He contended that he had a clean antecedent, was not arrested at the scene, and that the liquor was concealed by his brother without his knowledge. The State opposed his request for anticipatory bail. The Court, after hearing both sides, granted provisional anticipatory bail conditioned on a bail bond of Rs.500 and two sureties of the same amount, subject to verification of the petitioner’s criminal antecedent by the trial court. If any prior case is found, the bail will not be confirmed; otherwise, it will be confirmed. The order was made under Section 438(2) of the Cr.P.C. and Section 482(2) of the B.N.S.S.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under the circumstances.
- Whether the petitioner’s alleged clean antecedent warrants the grant of bail.
Legislation cited
- B.N.S.S. — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- clean antecedent
- liquor seizure
- Criminal Procedure Code
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25801 of 2026
Arising Out of PS. Case No.-211 Year-2026 Thana- Excise P.S. District- Muzaffarpur
======================================================
Rakesh Kumar S/o Lal Bahadur Ram Resident of Village- Shahila Rampur,
P.S.- Hathauri, District- Muzaffarpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Nitu Kumari, Advocate
For the Opposite Party/s : Mr. Nand Kumar, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 22-04-2026 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 30(a) and
32(3) of the Bihar Prohibition and Excise Act.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and allegation is of
recovery of 25.920 litres of liquor from the cloth shop of the
petitioner at Laxmi Complex.
4. Learned counsel for the petitioner submits that
petitioner was not arrested from the spot, as such, nothing was
recovered from his conscious possession. It is further submitted
that no prudent person would use his own business premises for
committing an occurrence and, thus, would create evidence
against himself and, hence, would get implicated and at the
Patna High Court CR. MISC. No.25801 of 2026(2) dt.22-04-2026
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same time shall bring disrepute to his business. It is next
submitted that petitioner was completely unaware that his
brother, namely, Vishal Kumar would conceal meager amount of
liquor with an intent to bring disrepute to the business since
petitioner is having dispute.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
6. Considering the submissions made by the learned
counsel appearing on behalf of the petitioner, let the petitioner,
above-named, in the event of his arrest or surrender within a
period of six weeks from today, be released on provisional
anticipatory bail on furnishing bail bonds of Rs.500/- (Rupees
Five Hundred) with two sureties of the like amount each to the
satisfaction of the learned Trial Court where the case is
pending/Successor Court in connection with Muzaffarpur
Excise (Utpad) P.S. Case No. 211 of 2026, subject to the
conditions as laid down under Section 438(2) of the
Cr.P.C./482(2) of the B.N.S.S.
7. However, it is made clear that thereafter the learned
Trial Court shall verify the criminal antecedent of the petitioner
and if it is found that petitioner has antecedent of even one case,
it would be presumed that petitioner had concealed his
Patna High Court CR. MISC. No.25801 of 2026(2) dt.22-04-2026
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antecedent before this Court at para 3 of the anticipatory bail
application in that event the provisional anticipatory bail order
shall not be confirmed but if it is found on verification that
petitioner is a person with clean antecedent in that event the
provisional anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Kundan/-
U T
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