Patna High Court
Rajesh Ram @ Rajesh RajbanshiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANIL KUMAR SINHA
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
- Bihar Prohibition and Excise Act — s. 30(a), 317(2)
- Code of Criminal Procedure — s. 438(2)
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
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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
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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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