Patna High Court
Rajnish KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court granted provisional anticipatory bail to the petitioner, subject to conditions under Section 482(2) of the CrPC and verification of his antecedents.
Summary
The petitioner, Rajnish Kumar, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Excise Act, where 16.02 litres of liquor were allegedly recovered from a cowshed not belonging to him. He argued that the recovery was not from his possession and that the complainant (the chowkidar) failed to inform police earlier, casting doubt on the prosecution's case. The State opposed the bail. The High Court, considering these submissions, granted provisional anticipatory bail subject to a Rs.10,000 bail bond with two sureties and a condition that the petitioner surrender within six weeks. The order also stipulated verification of the petitioner’s criminal antecedents, with the bail to be confirmed only if he has no more than two prior cases. The petitioner further undertook to deposit Rs.2,500 with the Advocates’ Association of Patna High Court.
Issues considered
- Whether the petitioner is entitled to anticipatory bail in the case under Section 30(a) of the Bihar Excise Act.
- Whether the circumstances of the alleged recovery and the role of the chowkidar justify granting bail.
- Whether the petitioner’s criminal antecedent affects the grant of anticipatory bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482(2)
Subjects
- anticipatory bail
- excise law
- Section 30
- bail conditions
- criminal antecedent
- police investigation
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3303 of 2026
Arising Out of PS. Case No.-129 Year-2025 Thana- MANJHAUL District- Begusarai
======================================================
Rajnish Kumar S/O Pinku Kumar @ Pinku Singh @ Pinku Kumar Singh R/O
Village- Puwari Tola @ Purbi Tola, Purwari Tola, Ward No.-07, Panchayat-
03, Manjhaul @ Manjhol, P.S- Manjaul @ Manjhol, Distt.- Begusarai, State-
Bihar.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Arvind Kumar
For the Opposite Party/s : Mr.Md. Shakir Ahmad
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 28-01-2026 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 has antecedent of two cases out of which one case is
under the Excise Act and allegation is of recovery of 16.02 litres
of liquor from a bush concealed in a cowshed.
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 even the alleged
recovery is from a place which does not belong to the petitioner
Patna High Court CR. MISC. No.3303 of 2026(2) dt.28-01-2026
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and he came to be implicated at the instance of Chowkidar but
then it is submitted that if the Chowkidar was aware about the
involvement of the petitioner in the occurrence, then why he did
not inform the police prior to institution of the instant FIR,
which casts an aspersion on the case of the prosecution. It is
further submitted that once an accused is implicated in a case
relating to excise, the police starts implicating mechanically
either at the instance of Chowkidar, local person, confessional
statement or secret information 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. 10,000/- (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 Manjhaul @ Manjhol
P.S. Case No. 129 of 2025, 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
Patna High Court CR. MISC. No.3303 of 2026(2) dt.28-01-2026
3/3
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 verification if it is found that petitioner has
antecedent of two cases in that event the provisional anticipatory
bail order shall be confirmed forthwith.
8. At this stage, the learned counsel for the petitioner
based on instruction submits that petitioner undertakes to deposit
an amount of Rs. 2,500/- with Advocates’ Association, Patna High
Court.
(Satyavrat Verma, J)
Sumit/-
U T
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