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Patna High Court

Rambrikash RajvanshiversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The Court held that anticipatory bail should be granted conditionally, subject to the petitioners furnishing bail bonds and complying with the conditions of the Special Excise Court.

Summary

Rambrikash Rajvanshi and Rubi Devi petitioned the Patna High Court for anticipatory bail fearing arrest in an excise case where police recovered illicit country‑made liquor from temporary huts associated with them and a co‑accused. The petitioners asserted that they were not present at the site, had no possession of the liquor, and were falsely implicated, offering to cooperate with the investigation. The State opposed the bail, relying on the prosecution’s case under Sections 30(a) and 30(c) of the Bihar Prohibition and Excise Act. The Court examined the material facts and the seriousness of the allegations, and applied Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. It ordered that if the petitioners are arrested or surrender within six weeks, they shall be released on bail upon furnishing a bond of Rs 10,000 each with two sureties of the same amount, subject to the conditions imposed by the Exclusive Special Excise Court.

Issues considered

  • Whether anticipatory bail can be granted to the petitioners under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 in view of the allegations under Sections 30(a) and 30(c) of the Bihar Prohibition and Excise Act.
  • Whether the material recovered and the circumstances justify denial of bail.

Legislation cited

Subjects

  • anticipatory bail
  • excise law
  • illicit liquor
  • Section 30
  • Bihar Prohibition and Excise Act
  • Bharatiya Nagarik Suraksha Sanhita
  • high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.26207 of 2026
                       Arising Out of PS. Case No.-86 Year-2026 Thana- Excise P.S. District- Nawada
                 ======================================================
           1.     Rambrikash Rajvanshi S/o Lakhan Rajvanshi Resident of village - Khanpur
                  P.S - Hisua, District - Nawada
           2.     Rubi Devi W/o Chunni Rajvanshi Resident of village - Khanpur P.S - Hisua,
                  District – Nawada.
                                                                             ... ... Petitioner/s
                                                 Versus
                 The State of Bihar.
                                                                      ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Sheo Nandan Prasad, Advocate.
                 For the Opposite Party/s :        Ms. Pushpa Sinha No.1, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                       ORAL ORDER

2   22-04-2026                  1. Heard learned counsel for the petitioners and

                   learned A.P.P. for the State.

                                2. The petitioners apprehend their arrest in connection

                   with Nawada Excise P.S. Case No.86 of 2026 instituted under

                   Sections 30(a), 30(c) of the Bihar Prohibition and Excise Act..

                                3. As per the prosecution case, on getting secret

                   information that some persons are manufacturing the country

                   made wine in hut, the police party reached there and recovered

                   40 liters of illicit country made liquor from the temporary hut of

                   co-accused Ajay Rajvanshi, 50 liters of illicit country made

                   liquor from the temporary hut of petitioner no.1 and 60 liters of

                   illicit country made liquor from the temporary hut of petitioner

                   no.2.
Patna High Court CR. MISC. No.26207 of 2026(2) dt.22-04-2026
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                       4. Learned counsel for the petitioners submits that

          petitioners are innocent and have been falsely implicated in this

          case. He further submits that no incriminating article has been

          recovered from the conscious possession of petitioners. Learned

          counsel submits that petitioners were not present at the spot and

          they have no concern with the alleged seized liquor. He further

          submits that the temporary hut from where the alleged recovery

          has been made were open door. Learned counsel submits that

          petitioner no.1 is an old man aged about 65 years having one

          criminal antecedent and petitioner no.2 is a women having two

          criminal antecedents, in which they are on bail. Petitioners

          undertake to cooperate in the investigation and trial of the case.

                       5. Learned A.P.P. for the State opposes the prayer for

          anticipatory bail.

                       6. Considering the facts and circumstances of the

          case, submissions of learned counsel for the parties and the

          nature of allegation leveled against the petitioners, in the event

          of arrest or surrender before the Court below within six weeks

          from today, the petitioners be released on bail upon furnishing

          bail bonds of Rs.10,000/- (Rupees Ten Thousand) each with two

          sureties of the like amount to each to the satisfaction of the

          learned Exclusive Special Excise Court-2, Nawada/ concerned
              Patna High Court CR. MISC. No.26207 of 2026(2) dt.22-04-2026
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                        Court in connection with Nawada Excise P.S. Case No.86 of

                        2026, subject to the conditions laid down in Section 482(2) of

                        the Bharatiya Nagarik Suraksha Sanhita, 2023.



                                                (Sunil Dutta Mishra, J)
Ritik/-

U         T


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