Patna High Court
Rajendra SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The court held that in the absence of any incriminating material in the petitioner's possession and on account of his clean antecedents, anticipatory bail under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita is warranted.
Summary
The petitioner, Rajendra Singh, feared arrest in a case under Section 30(a) of the Bihar Prohibition and Excise Act after 50 litres of illicit liquor were seized from a motorcycle. The prosecution alleged the liquor was linked to the petitioner, but he was neither the driver nor the owner and no incriminating material was found in his possession. The petitioner, represented by Ms. Mukul Kumari, asserted his clean antecedents and that the accusation was based solely on suspicion. The State, through Mr. Sanjay Kumar, opposed the bail. Considering the lack of direct evidence against the petitioner, the court granted anticipatory bail with a bond of Rs. 10,000 and two sureties, subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita in a case of alleged illicit liquor possession.
- Whether the facts, including absence of incriminating material and clean antecedents, justify granting bail despite the prosecution's suspicion.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
- Bihar Prohibition and Excise Act — s. 30(a)
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- illicit liquor
- excise law
- bail conditions
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28525 of 2026
Arising Out of PS. Case No.-123 Year-2025 Thana- DEV District- Aurangabad
======================================================
Rajendra Singh S/o- Late Randas Singh Village- Rampur Waina, Ps- Parasi
Dist- Arwal
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Mukul Kumari, Advocate
For the Opposite Party/s : Mr. Sanjay Kumar, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 04-05-2026 Heard learned counsel for the petitioner and the State.
2. Petitioner apprehends arrest in a case registered for
the offence punishable under Section 30(a) of the Bihar
Prohibition and Excise Act.
3. As per prosecution case, 50 litres illicit liquor was
recovered from the seized motorcycle vehicle bearing Reg. No.
BR 01 BD 1851.
4. Learned counsel for the petitioner submits that no
incriminating material has been recovered from conscious
possession of the petitioner. Petitioner is neither driver nor
owner of the vehicle in question and has been made accused in
this case merely on suspicion. Petitioner claims clean
antecedent.
5. Learned A.P.P. for the State opposed the bail
Patna High Court CR. MISC. No.28525 of 2026(2) dt.04-05-2026
2/2
application.
6. Considering the aforesaid facts and circumstances
of the case, this anticipatory bail is allowed and it is ordered that
let the above named petitioner in the event of his
arrest/surrender before the court below within a period of eight
weeks from today, be enlarged on bail on furnishing bail-bond
of Rs. 10,000/- (ten thousand) with two sureties of the like
amount each to the satisfaction of learned District & Additional
Sessions Judge-cum-Exclusive Special Judge, Excise Court No.
01, Aurangabad in connection with Deo P. S. Case No. 123 of
2025, subject to condition as laid down under Section 482(2) of
the Bharatiya Nagarik Suraksha Sanhita.
(Prabhat Kumar Singh, J)
Navya/-
U T
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