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Patna High Court

Rakesh KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court held that provisional anticipatory bail may be granted subject to conditions and verification of the petitioner's antecedents.

Summary

The petitioner, Rakesh Kumar, sought anticipatory bail after being implicated in a case under Section 30(a) of the Bihar Excise Act for allegedly recovering 229.320 litres of liquor from a poultry farm owned by Md. Aslam. He argued that he was not apprehended at the spot, had no possession of the liquor, and had no connection to the premises or the alleged co‑accused. The State opposed the bail, contending the seriousness of the offence. The High Court, considering the submissions, granted provisional anticipatory bail on the condition that the petitioner surrender within six weeks, furnish a bail bond of Rs 10,000 with two sureties, and submit to verification of his criminal antecedents. The order was made subject to Section 482(2) of the BNSS, with a provision that if more than two prior cases are found, the bail would not be confirmed.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail in a case under Section 30(a) of the Bihar Excise Act.
  • Whether the lack of seizure from the petitioner's possession and the alleged location of the liquor justify granting bail.
  • Whether the court may impose conditions under Section 482(2) of the BNSS while granting anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • Bihar Excise Act
  • Section 30(a)
  • Section 482(2)
  • liquor seizure
  • criminal antecedent
  • provisional bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.30353 of 2026
                      Arising Out of PS. Case No.-15 Year-2026 Thana- Panapur District- Muzaffarpur
                 ======================================================
                 Rakesh Kumar S/O Fakira Mahto R/O Village- Jagarnathpur Dokra, P.S-
                 Saraiya, Dist.- Muzaffarpur.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Kaushal Kishor
                 For the Opposite Party/s :        Mr. Meena Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

3   15-05-2026                  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 offences punishable under Section 30(a) of the

                   Bihar Excise Act.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of two cases and allegation is of

                   recovery of 229.320 liters of liquor from poultry farm of Md.

                   Aslam.

                                4. Learned counsel for the petitioner submits that

                   petitioner was not apprehended from the spot as such nothing

                   was recovered from his conscious possession and even alleged

                   recovery is from a place which does not belong to the petitioner

                   and he has no concern or relation with Md. Aslam and he came
Patna High Court CR. MISC. No.30353 of 2026(3) dt.15-05-2026
                                            2/3




          to be implicated based on secret information which is the easiest

          way     to    implicate      someone       without   holding a   proper

          investigation.

                       5. Learned A.P.P. for the State opposes the prayer for

          anticipatory bail of the petitioner.

                       6. Considering the submissions made by the learned

          counsel for the petitioner, the petitioner above-named, in the

          event of his arrest or surrender before the learned Trial Court

          within a period of six weeks from today, be released on

          Provisional anticipatory bail on furnishing bail bonds of Rs.

          10000/- (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 Panapur

          Kariyat P.S. Case No. 15 of 2026 subject to the conditions as

          laid down under Section 482 (2) of the BNSS.

                       7. It is made clear that thereafter the learned Trial

          Court shall verify the criminal antecedent of the petitioner and

          in the event if it is found that petitioner has antecedent of more

          than two cases then it would be presumed that petitioner, for the

          purposes of seeking anticipatory bail, had concealed his

          antecedent before this Court, as such, the provisional

          anticipatory bail order shall not be confirmed, but after
            Patna High Court CR. MISC. No.30353 of 2026(3) dt.15-05-2026
                                                        3/3




                      verification if it is found that petitioner has antecedent of two

                      cases only, in that event the provisional anticipatory bail order

                      shall be confirmed forthwith.



                                                        (Satyavrat Verma, J)
Rishabh/-

U      T


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