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Patna High Court

Rajesh Kumar Patel @ Rajesh Kumar @ Rajesh PatelversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court ordered provisional anticipatory bail subject to verification of antecedents and compliance with bail conditions.

Summary

Petitioner Rajesh Kumar Patel sought anticipatory bail after being implicated in an offence under Section 30(a) of the Bihar Prohibition and Excise Act for alleged possession of large quantities of liquor seized from his motorcycle and a Mahindra XUV. He argued that the liquor was not in his conscious possession, that he was unaware of the misuse of his vehicle by others, and that ownership alone should not create culpability. The State opposed the bail. The High Court granted provisional anticipatory bail conditioned on a bail bond of Rs.10,000 with two sureties and directed the trial court to verify the petitioner’s criminal antecedents. If more than two prior cases are found, the bail will not be confirmed; if exactly two, it will be confirmed forthwith.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under the Bihar Prohibition and Excise Act.
  • Whether ownership of the vehicle from which liquor was seized suffices to establish culpability.
  • Whether the petitioner’s prior criminal antecedents affect the confirmation of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • excise law
  • seizure of liquor
  • vehicle ownership
  • criminal antecedent
  • Section 30(a)
  • Section 482(2)
  • Bihar Prohibition and Excise Act

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.29817 of 2026
                    Arising Out of PS. Case No.-69 Year-2026 Thana- Bikramganj Excise District- Rohtas
                 ======================================================
                 Rajesh Kumar Patel @ Rajesh Kumar @ Rajesh Patel S/O Ram Narayan
                 Chaudhary Resident of Village- Belahan, P.S.- Dinara, District- Rohtas

                                                                                     ... ... Petitioner/s
                                                         Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Shashi Kant
                 For the Opposite Party/s :        Mr. Ahmad Ali
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   05-05-2026                  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 Section 30(a) of

                   Bihar Prohibition and Excise Act.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of two cases under the Excise Act and

                   allegation is of recovery of 1.800 litres of liquor from a

                   motorcycle and 61.410 litres of liquor from a Mahindra XUV

                   500. It is next submitted that petitioner was not arrested from

                   the spot as such nothing was recovered from his conscious

                   possession and he came to be implicated based on the fact that

                   he is owner of the seized vehicle. It is next submitted that no

                   prudent person would use his own vehicle for committing an
Patna High Court CR. MISC. No.29817 of 2026(2) dt.05-05-2026
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          occurrence and thus would create evidence against himself and

          hence would get implicated. It is also submitted that the

          petitioner was completely unaware that Rishi would misuse the

          vehicle in the manner as alleged who was also apprehended

          from the spot along with Niranjan and Anup.

                       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.10,000/- (Rupees ten 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     Excise        Case   No.730/2026   read   with

          Bikramganj Excise P.S. Case No.69/2026, 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

          two cases, in that event, it would be presumed that petitioner

          had concealed his antecedent before this court, as such, the
             Patna High Court CR. MISC. No.29817 of 2026(2) dt.05-05-2026
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                       provisional anticipatory bail order shall not be confirmed but if

                       on verification it is found that petitioner has antecedent of two

                       cases, in that event the provisional anticipatory bail order shall

                       be confirmed forthwith.



                                                 (Satyavrat Verma, J)
amit/-

U        T


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