Patna High Court
Rakesh SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- ARUN KUMAR JHA
Holding
Anticipatory bail was not granted to the petitioner.
Summary
The petitioner, Rakesh Singh, sought anticipatory bail after police alleged that he was involved in the sale of illicit liquor, recovering 104.040 litres of foreign liquor from a cowshed near his house. A 16‑year‑old boy apprehended during the raid identified the petitioner as the owner of the premises and his maternal uncle. The petitioner denied any involvement, claiming innocence and noting that the liquor was not found in his conscious possession, though he has two prior cases of a similar nature. The State argued that the recovery was from the petitioner’s cowshed and that he is a habitual offender. The Court, considering the recovery from the petitioner’s premises and his antecedents, concluded that the case was not suitable for anticipatory bail and rejected the petition.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the Bihar Prohibition and Excise Act in view of the recovery of illicit liquor from his premises and his prior offences.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a), 44
Subjects
- anticipatory bail
- illicit liquor
- Bihar Prohibition and Excise Act
- habitual offender
- bail jurisprudence
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30195 of 2026
Arising Out of PS. Case No.-14 Year-2026 Thana- EXCISE MAHARAJGANJ District-
Siwan
======================================================
Rakesh Singh, S/o Brijnandan Singh, R/o Village - Ujjay, P.S. - Duraundha,
District - Siwan.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms.Shyamli Kumari, Advocate
For the Opposite Party/s : Mr.Braj Kishore Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
2 08-05-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. In the present case, the petitioner is apprehending
his arrest in connection with Maharajganj P.S. Case No. 14 of
2026, registered for the alleged offences under Sections 30(a)
and 44 of Bihar Prohibition and Excise Act.
3. As per prosecution case, police received
information about the petitioner selling illicit liquor from a
cowshed situated 100 yards from his house. A raid was
conducted and a boy aged about 16 years was apprehended and
from search of the place, recovery of 104.040 liters of foreign
liquor was made. When the raid was being conducted, a person
fled away from the spot and the apprehended boy disclosed that
Patna High Court CR. MISC. No.30195 of 2026(2) dt.08-05-2026
2/3
the said person was this petitioner, who was his maternal uncle
as well.
4. The learned counsel for the petitioner submits that
the petitioner is innocent and has been falsely implicated in this
case. No occurrence as alleged has ever taken place. The
petitioner has no concern with the seized liquor and no recovery
has been made from his conscious possession. The petitioner is
having antecedent of two cases and he is on bail in both the
cases.
5. Learned APP for the State vehemently opposes the
submission made on behalf of the petitioner. The learned APP
submits that recovery of illicit liquor was made from the
cowshed of the petitioner and the petitioner appears to be
habitual offender as he is having antecedent of two cases of
similar nature.
6. Having regard to the facts and circumstances and
submissions made on behalf of the parties and considering the
fact that recovery of illicit liquor has been shown from the
cowshed of the petitioner, who is having antecedents of two
cases of similar nature, I do not find it is a fit case for grant of
anticipatory bail to the petitioner.
7. Accordingly, his prayer for grant of anticipatory
Patna High Court CR. MISC. No.30195 of 2026(2) dt.08-05-2026
3/3
bail is rejected.
(Arun Kumar Jha, J)
V.K.Pandey/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.