Patna High Court
Rambrikash RajvanshiversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SUNIL DUTTA MISHRA
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
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
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
2/3
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
3/3
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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