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Patna High Court

Rajesh Ram @ Rajesh RajbanshiversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that anticipatory bail is warranted where the accused is not the owner of the vehicle and there is no evidence of conscious possession, thus granting bail.

Summary

Petitioner Rajesh Ram was implicated in a case alleging transport of 130 litres of illicit country-made liquor on an Apache motorcycle, which police seized after a chase. The petitioner claimed he was falsely implicated due to village politics, did not own the motorcycle, and had no conscious possession of the liquor. The court examined the facts, noting the lack of ownership and direct possession by the petitioner. Relying on these considerations, the court found no sufficient ground to deny anticipatory bail. Consequently, the court granted anticipatory bail subject to a bail bond of Rs.10,000 with two sureties and conditions under Section 438(2) of the CrPC.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail under Section 438 CrPC given the alleged offence and lack of ownership of the vehicle used
  • Whether the identification by a local chowkidar suffices to establish the petitioner's involvement
  • Whether alleged political victimisation impacts the grant of bail

Legislation cited

Subjects

  • anticipatory bail
  • illicit liquor
  • Bihar Prohibition and Excise Act
  • political victimisation
  • motor vehicle ownership
  • Section 438 CrPC

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.30548 of 2026
                       Arising Out of PS. Case No.-141 Year-2026 Thana- RAJAOLI District- Nawada
                 ======================================================
                 Rajesh Ram @ Rajesh Rajbanshi Son of Late Kalo Rajbanshi Resident of
                 village - Udaypur, P.S.- Rajauli, District - Nawada.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Sheo Nandan Prasad
                 For the Opposite Party/s :       Mr. Meena Singh
                 ======================================================
                 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

                            Rajauli Police Station Case No. 141 of 2026, dated

                            08.03.2026, disclosing offence under Section 317(2) and

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

                       3.   The prosecution case, as per First Information Report, is

                            that the police received secret information that in village

                            Udaipur, the petitioner was transporting a consignment of

                            countrymade liquor on a Apache motorcycle. Upon which

                            the police party reached village Udaipur and noticed one

                            Apache motorcycle coming from Sohanbigha with a sack

                            tied on pillion seat. On seeing the police party, the rider

                            abandoned the motorcycle and fled away. The local
Patna High Court CR. MISC. No.30548 of 2026(2) dt.07-05-2026
                                            2/3




                   chaukidar identified him as petitioner. On search, total of

                   130 litres of countrymade illicit liquor was recovered

                   from the sack and motorcycle, bearing registration no.

                   JH-19C-1815, was siezed.

              4.   Learned counsel for the petitioner submits that the

                   petitioner has falsely been implicated in the present case

                   due to village politics. He next submits that name of the

                   petitioner has transpired on disclosure by local chowkidar.

                   He further submits that the motorcycle, in question, does

                   not belong to the petitioner and illicit liquor has not been

                   recovered from conscious possession of the petitioner

                   and/or from vehicle belonging to him.

              5.   Regards being had to the submission advanced by learned

                   counsel for the parties and taking into consideration the

                   fact that the petitioner is not the owner of the motorcycle,

                   from where 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
            Patna High Court CR. MISC. No.30548 of 2026(2) dt.07-05-2026
                                                        3/3




                              to the satisfaction of learned Exclusive Special Excise

                              Court – 2, Nawada, in connection with Rajauli Police

                              Station Case No. 141 of 2026, subject to the condition

                              laid down under Section 438 (2) of the Code of Criminal

                              Procedure.



                                               (Anil Kumar Sinha, J)
ashwani/-

U      T


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