Patna High Court
Raj Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSHUMAN
Holding
The court granted anticipatory bail to the petitioner subject to a bail bond and conditions under the BNSS, 2023.
Summary
The petitioner, Raj Kumar Singh, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022, alleging possession of 20 litres of illicit liquor. The prosecution alleged the offence, while the petitioner claimed innocence, asserting no liquor was recovered from him and that he has a clean criminal record. The State opposed the bail application. The High Court, considering the facts, granted anticipatory bail, directing the petitioner to furnish a bail bond of Rs.30,000 under Section 2(1)(d) of the BNSS, 2023, and subject to conditions under Section 482(2) of the same Act. The Court also instructed the trial court to verify the petitioner’s antecedent and cancel the bail if any concealment is discovered. The bail bond is to be accepted without delay pending verification.
Issues considered
- Whether anticipatory bail should be granted to the petitioner in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.
Legislation cited
- BNSS, 2023 — s. 2(1)(d), 482(2)
Subjects
- anticipatory bail
- illicit liquor
- Bihar Prohibition and Excise Act
- Section 30(a)
- bail bond
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26840 of 2026
Arising Out of PS. Case No.-45 Year-2026 Thana- TARARI District- Bhojpur
======================================================
Raj Kumar Singh Son of Umesh Singh Resident of Village - Shankar Dih, P.S.
- Tarari, District - Bhojpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Malti Kumari, Advocate
For the Opposite Party/s : Mr. Mithlesh Kumar Khare, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
2 22-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner is apprehending arrest in connection
with Tarari P.S. Case No. 45 of 2026, dated 19.03.2026, lodged
under Section 30(a) of the Bihar Prohibition and Excise
(Amendment) Act, 2022.
3. As per the prosecution, total recovery of 20 litres of
illicit liquor has been made, which is the subject matter of the
present case.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. He further
submits that nothing has been recovered from the possession of
the petitioner. Furthermore, he submits that the criminal
antecedent of the petitioner is clean.
Patna High Court CR. MISC. No.26840 of 2026(2) dt.22-04-2026
2/2
5. Learned APP for the State opposes the prayer for
bail of the petitioner.
6. As such, in the present facts and circumstances of
this case, let the above named petitioner be released on
anticipatory bail, in the event of arrest or surrender before the
Trial Court within a period of 4 weeks from today, on furnishing
bail bond of Rs.30,000/- (Rupees Thirty Thousand) as
mentioned in Section 2(1)(d) of the BNSS, 2023 to the
satisfaction of Exclusive Special Judge-2, Bhojpur at Ara, in
connection with Tarari P.S. Case No. 45 of 2026, subject to the
conditions as laid down U/s 482(2) of the BNSS, 2023.
7. It is further directed that the Trial Court shall verify
the criminal antecedent of the petitioner, and in case it is found
at any stage that the petitioner has concealed his criminal
antecedent, the Trial Court shall take steps for cancellation of
the petitioner’s bail bond. However, the acceptance of the bail
bond in terms of the above-mentioned order shall not be delayed
for the purpose of or in the name of verification.
(Dr. Anshuman, J.)
Aman Kumar/-
U T
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