Patna High Court
Rakesh Giri @ Rakesh BharativersusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
Anticipatory bail was granted to the petitioner subject to a bail bond of Rs.10,000 and two sureties.
Summary
The petitioner, Rakesh Giri, sought anticipatory bail after a FIR alleged that 225 litres of illicit country-made liquor were recovered from a vehicle, implicating him based solely on a co-accused's confessional statement with no independent witnesses to the seizure. The petitioner argued that there was no personal possession of the liquor and offered to deposit a modest sum with the High Court Legal Services Committee. The State opposed bail, citing two prior similar offences, though the petitioner was already on bail in those matters. The Court considered the lack of independent evidence, the petitioner’s willingness to furnish bail, and the statutory provisions governing anticipatory bail. Accordingly, the Court ordered the petitioner’s release on bail upon surrender, subject to a bail bond of Rs.10,000 with two sureties and conditions under Section 438(2) of the Cr.P.C. and Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.
Issues considered
- Whether anticipatory bail should be granted under Section 438 Cr.P.C. in view of the allegations and the petitioner’s antecedents
- Whether the confessional statement of a co-accused, without independent corroboration, suffices to justify denial of bail
- Whether the petitioner’s offer to deposit money with the High Court Legal Services Committee influences the bail decision
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 317(5), 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- confessional statement
- illegal liquor
- seizure without witness
- criminal antecedents
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27438 of 2026
Arising Out of PS. Case No.-588 Year-2025 Thana- BHORE District- Gopalganj
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Rakesh Giri @ Rakesh Bharati S/o Vidya Giri R/o Village - Bhanpur Tola
Judawalpur, P.S - Bhore, District - Gopalganj
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Deepankar Raj, Advocate
For the Opposite Party/s : Ms. Sangeeta Sharma, APP
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
2 01-05-2026 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 Section 317(5) of
the B.N.S. and Section 30(a) of the Bihar Prohibition And
Excise Amendment Act, 2022.
3. The allegation in the First Information Report is
that 225 litres of country made liquor was recovered from a car.
4. Learned counsel for the petitioner submits that the
name of the petitioner has transpired on the basis of
confessional statement of co-accused, Mohit Patel, who was
arrested on the spot. There is no independent witness to the
search and seizure. It is further submitted that there is no
recovery from personal or conscious possession of the
Patna High Court CR. MISC. No.27438 of 2026(2) dt.01-05-2026
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petitioner.
5. Learned APP for the State opposed the prayer for
anticipatory bail on the ground that the petitioner has two
criminal antecedents of similar nature. However, in response it
has been submitted that the petitioner is on bail in both the
cases.
6. At this stage, the petitioner has offered to deposit a
sum of Rs.3,000/- (Rupees Three Thousand) in Patna High
Court Legal Services Committee, Patna, bearing Account
No.1413010060836, IFSC Code: PUNB0141320, Punjab
National Bank, Bar Council Branch, Patna.
7. Taking into consideration the facts and
circumstances of the case, let the above named petitioner, be
released on bail, in the event of his arrest or surrender before the
learned Court below within a period of four weeks from today,
on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand)
with two sureties of the like amount each to the satisfaction of
the learned Court below where the case is pending/successor
Court in connection with Bhore P.S. Case No. 588 of 2025,
subject to the condition as laid down under Section 438 (2) of
the Cr.P.C/ Section 482 (2) of the Bharatiya Nagarik Suraksha
Sanhita (BNSS), 2023.
Patna High Court CR. MISC. No.27438 of 2026(2) dt.01-05-2026
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8. The bail bond of the petitioner shall be accepted by
the learned Court below on showing receipt of deposit of the
aforesaid amount in the account of Patna High Court Legal
Services Committee, Patna.
(Soni Shrivastava, J)
anand/-
U T
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