Patna High Court

Rakesh Gond @ PappuversusThe State of Bihar

Decided: 6 May 2026
Disposal: ALLOWED
Bench: SUNIL DUTTA MISHRA

Holding

The Court held that the petitioner is entitled to anticipatory bail, subject to bond and sureties, despite the co‑accused’s statement, under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Summary

The petitioner, Rakesh Gond, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Prohibition and Excise Act where 34.380 litres of illicit foreign liquor were recovered from a scooty. The prosecution’s case relied solely on the co‑accused Ashish Kumar’s statement that the petitioner fled the scene, with no material seized from the petitioner’s possession. The petitioner argued innocence, clean antecedent and willingness to cooperate, while the State opposed bail. The Court, after considering the facts, the petitioner’s clean record and the nature of the allegation, granted anticipatory bail on condition of a Rs.10,000 bond with two sureties, subject to Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. The order directs release on bail if the petitioner surrenders within six weeks.

Issues considered

Whether anticipatory bail should be granted to the petitioner under the Bihar Prohibition and Excise Act.
Whether the co‑accused’s disclosure statement alone constitutes sufficient material to justify denial of bail.
Whether the petitioner’s clean antecedent and cooperation merit the grant of bail.

Legislation cited

Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)

Subjects

anticipatory bail
Bihar Prohibition and Excise Act
illicit liquor
co‑accused statement
clean antecedent
bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.29150 of 2026
                     Arising Out of PS. Case No.-450 Year-2022 Thana- JAGDISHPUR District- Bhojpur
                 ======================================================
                 Rakesh Gond @ Pappu son of Jai Prakash Gond, Resident of Village-
                 Jagdishpur, Ward No 01, Mahdeva, Ps- Jagdishpur, Dist- Bhojpur.
                                                                             ... ... Petitioner/s
                                                  Versus
                 The State of Bihar.                                 ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Tejpratap Singh, Advocate.
                 For the Opposite Party/s :       Mr. Ramchandra Sahni, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                       ORAL ORDER

2   06-05-2026                  1. Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. The petitioner apprehends his arrest in connection

                   with Jagdishpur P.S. Case No.450 of 2022 instituted under

                   Section 30(a) of the Bihar Prohibition and Excise Act.

                                3. As per the prosecution case, there is recovery of

                   34.380 liters illicit foreign liquor from a scooty. It is alleged that

                   apprehended co-accused, namely, Ashish Kumar disclosed that

                   petitioner fled away from the spot.

                                4. Learned counsel for the petitioner submits that

                   petitioner is innocent and has been falsely implicated in this

                   case only on the basis of disclosure statement made by the co-

                   accused Ashish Kumar. He further submits that the petitioner

                   has no concern with the alleged seized liquor. Learned counsel

                   submits that except the disclosure statement of the co-accused,
              Patna High Court CR. MISC. No.29150 of 2026(2) dt.06-05-2026
                                                          2/2




                        there is no material against the petitioner and no incriminating

                        article has been recovered from the conscious possession of

                        petitioner. He further submits that petitioner has got clean

                        antecedent and he undertakes 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 petitioner as well as his

                        clean antecedent, in the event of arrest or surrender before the

                        Court below within six weeks from today, the petitioner be

                        released on bail upon furnishing bail bonds of Rs.10,000/-

                        (Rupees Ten Thousand) with two sureties of the like amount to

                        each to the satisfaction of the learned Exclusive Special Excise

                        Court No.1, Bhojpur at Ara/ concerned Court in connection with

                        Jagdishpur P.S. Case No.450 of 2022, 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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