Patna High Court
Raja Singh @ Raja Babu @ Rahul Raj SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANIL KUMAR SINHA
Holding
The court held that, in the absence of any direct possession or ownership link to the seized vehicle and liquor, anticipatory bail under Section 438 CrPC was warranted.
Summary
The petitioner, Raja Singh, was implicated in a case alleging transport and sale of illicit liquor after police, acting on secret information, seized a vehicle and recovered 201.9 litres of country-made liquor. The petitioner contended he was not present at the scene, had no knowledge of the incident, and was not the owner of the vehicle nor in possession of any incriminating article. The court examined the prosecution’s reliance on secret information and noted the absence of any direct link between the petitioner and the seized vehicle or liquor. Considering these facts, the court found that the petitioner’s claim of false implication was credible. Consequently, the court granted anticipatory bail, directing the petitioner to furnish a bail bond and sureties if arrested within four weeks. The bail was conditioned on compliance with Section 438(2) of the CrPC and Section 482(2) of the BNSS, 2023.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 438 CrPC given the allegations under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018.
- Whether the petitioner’s alleged non‑ownership of the seized vehicle and lack of possession of the liquor negate the basis for arrest.
Legislation cited
- Bihar Prohibition and Excise (Amendment) Act, 2018 — s. 30(a)
- BNSS, 2023 — s. 482(2)
- Code of Criminal Procedure — s. 438(2)
Subjects
- anticipatory bail
- Section 438 CrPC
- Section 30 Bihar Prohibition and Excise Act
- illicit liquor
- false implication
- police seizure
- Section 482 BNSS
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29348 of 2026
Arising Out of PS. Case No.-58 Year-2026 Thana- ROHTAS District- Rohtas
======================================================
Raja Singh @ Raja Babu @ Rahul Raj Singh S/o Akhaldev Singh R/o vill -
Samahuta, P.S.- Rohtas, Distt.- Rohtas, Bihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shailesh Kumar Singh, Adv.
: Mr. Rajnish Ranjay, Adv.
For the Opposite Party/s : Mr. Jai Narain Thakur, App.
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
2 07-05-2026 1. Heard learned Counsel for the petitioner and
learned Additional Public Prosecutor for the State.
2. This application, for grant of anticipatory bail,
arises out of Rohtas Police Station Case No. 58 of 2026,
disclosing offences under Section 30(a) of the Bihar Prohibition
and Excise (Amendment) Act, 2018.
3. The prosecution case is that on 01.03.2026,
acting upon secret information, the police intercepted a four-
wheeler allegedly being used by Aryan Singh and Raja Babu
(petitioner) for transportation and sale of liquor. The accused
persons allegedly escaped from the spot taking advantage of
darkness. Upon search of the seized vehicle, the police
recovered 201.900 litres of country-made liquor from the boot
Patna High Court CR. MISC. No.29348 of 2026(2) dt.07-05-2026
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space, leading to registration of the present FIR.
4. Learned Counsel for the petitioner submits that
the petitioner has falsely been implicated in the present case due
to village politics and local enmity. The petitioner was neither
present at the place of occurrence nor had any knowledge of the
alleged incident. It is next submitted that no incriminating
article has been recovered from the conscious possession of the
petitioner and that he was neither driving the seized vehicle nor
has any connection with the seized vehicle or the alleged illicit
liquor.
5. Having regard to the submissions made on
behalf of the parties and taking into consideration the fact that
police on the basis of secret information implicated the
petitioner and petitioner is not the owner of the alleged seized
vehicle from where the illicit liquor has been recovered, I am
inclined to grant the petitioner privilege of anticipatory bail.
6. This application is, accordingly, allowed.
7. Let the petitioner, above named, in the event of
his arrest or surrender before the Court below within four
weeks, be released 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 Excise Special Judge, Excise-
Patna High Court CR. MISC. No.29348 of 2026(2) dt.07-05-2026
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2, Sasaram, Rohtas (Bihar), in connection with Rohtas Police
Station Case No. 58 of 2026, subject to the condition laid down
under Section 438 (2) of the Code of Criminal
Procedure/Section 482(2) of the BNSS, 2023.
(Anil Kumar Sinha, J)
HarshPandey/-
U T
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