Patna High Court
Rajnish KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail subject to verification of the petitioner’s antecedent and compliance with bail conditions.
Summary
The petitioner, Rajnish Kumar, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Excise Act alleging recovery of 10.125 litres of liquor from a straw house. He argued he has a clean antecedent, the liquor was not in his conscious possession, and the straw house does not belong to him; moreover, the FIR does not name the informant. The State opposed the bail. The Court, after considering the submissions, granted provisional anticipatory bail conditioned on a bail bond of Rs.500 with two sureties and directed the trial court to verify the petitioner’s criminal antecedent. If any antecedent is found, the provisional bail will not be confirmed; otherwise, it will be confirmed forthwith. The order was made under Section 482(2) of the BNSS.
Issues considered
- Whether the petitioner is entitled to anticipatory bail in the case registered under Section 30(a) of the Bihar Excise Act.
Legislation cited
- BNSS — s. 482(2)
Subjects
- anticipatory bail
- Bihar Excise Act
- Section 30(a)
- clean antecedent
- possession
- Section 482(2)
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.321 of 2026
Arising Out of PS. Case No.-155 Year-2022 Thana- Excise P.S. District- Madhepura
======================================================
Rajnish Kumar Son of Hira Yadav @ Hira Pd. Yadav Resident of Village-
Dwarika Tola, Ward No. 10, P.S.- Murliganj, District- Madhepura
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Wasi Ahmad Khan
For the Opposite Party/s : Mr.Md. Iftekhar Mahmood
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 15-01-2026 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 the
petitioner is a person with clean antecedent and allegation is of
recovery of 10.125 litres of liquor from a straw house.
4. Learned counsel for the petitioner submits that the
petitioner was not arrested from the spot as such nothing was
recovered from his conscious possession and the straw house does
not belong to the petitioner and he came to be implicated at the
instance of local people, but then the name of the person, who
disclosed the name of the petitioner is not disclosed in the FIR,
which casts an aspersion on the case of the prosecution.
5. Learned A.P.P. for the State opposes the prayer for
Patna High Court CR. MISC. No.321 of 2026(2) dt.15-01-2026
2/2
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. 500/- (Rupees Five Hundred) 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 Madhepura Excise P.S. Case No. 155 of 2022, 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 even one case 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 verification if it is found that petitioner is a person with
clean antecedent in that event the provisional anticipatory bail order
shall be confirmed forthwith.
(Satyavrat Verma, J)
Sumit/-
U T
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