Patna High Court
Rakesh KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail subject to bail bond, sureties, and verification of the petitioner’s criminal antecedents.
Summary
The petitioner, Rakesh Kumar, applied for anticipatory bail fearing arrest in a case under Sections 30(a), 32(3) and 33 of the Bihar Prohibition and Excise Act for alleged recovery of 420 litres of spirit from a public field. He argued that the police had no direct possession of the contraband, that the recovery site did not belong to him, and that the investigation relied on secret information and prior similar cases. The State opposed the bail, contending the seriousness of the offences. The Court, considering the submissions, granted provisional anticipatory bail on the condition that the petitioner furnish a bail bond of Rs.30,000 with two sureties and that the trial court verify his criminal antecedents. The order further stipulated that if more than six prior excise cases are found, the bail would not be confirmed; otherwise it would be confirmed forthwith.
Issues considered
- Whether anticipatory bail can be granted under Section 482(2) of the B.N.S.S. in a case involving alleged excise offences.
- Whether the lack of recovery from the petitioner’s possession and reliance on secret information affect the propriety of the investigation.
Legislation cited
- B.N.S.S. — s. 482(2)
Subjects
- anticipatory bail
- excise law
- Bihar Prohibition and Excise Act
- Section 482
- criminal antecedents
- police investigation
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28342 of 2026
Arising Out of PS. Case No.-356 Year-2026 Thana- Excise P.S. District- Muzaffarpur
======================================================
Rakesh Kumar Son of Ganga Sahni Resident of Village - Narkatiya, P.S.-
Rampur Hari, District - Muzaffarpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Nitu Kumari
For the Opposite Party/s : Mr. Kumar Ranjit Ranjan
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 29-04-2026 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 offence punishable under Sections 30(a), 32(3)
and 33 of Bihar Prohibition and Excise Act.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of six cases under the Excise Act and
allegation is of recovery of 420 litres of spirit from an open field
near a pond at Narkatiya village. It is next submitted that
petitioner was not arrested from the spot as such nothing was
recovered from his conscious possession and even alleged
recovery is from a place which does not belong to the petitioner
and is accessible to villagers at large and he came to be
implicated based on secret information which is the easiest way
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to implicate someone. It is also submitted that once an accused
is implicated in a case relating to excise, the police starts
implicating mechanically either through chowkidar, local
person, confessional statement or secret information without
holding a proper investigation. It is further submitted that
petitioner in similar manner earlier also came to be implicated in
cases relating to excise.
4. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
5. Considering the submissions made by the learned
counsel for the petitioner, 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.30,000/- (Rupees thirty thousand)
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.356/2026, subject to the conditions as laid down under
Section 482(2) of the B.N.S.S.
6. It is made clear that the learned trial court thereafter
shall verify the criminal antecedents of the petitioner and in the
event if it is found that petitioner has antecedent of more than
Patna High Court CR. MISC. No.28342 of 2026(2) dt.29-04-2026
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six cases, in that event, it would be presumed that petitioner had
concealed his antecedent before this court, as such, the
provisional anticipatory bail order shall not be confirmed but if
on verification it is found that petitioner has antecedent of six
cases, in that event the provisional anticipatory bail order shall
be confirmed forthwith.
(Satyavrat Verma, J)
amit/-
U T
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