Patna High Court
Rajesh KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
Anticipatory bail was denied to the petitioner.
Summary
The petitioner, Rajesh Kumar, sought anticipatory bail after the police raided a liquor operation, seizing 5,000 kg of fermented Mahua and 200 litres of country-made liquor, and reported that the accused opened fire on police. The FIR did not name the petitioner; his name surfaced only through a co-accused's confessional statement. The petitioner argued that there was no material against him beyond suspicion, while the State opposed bail, highlighting his alleged ownership of the illicit liquor and involvement in the violent incident. The court examined the evidence, noting the petitioner’s alleged role in manufacturing illicit liquor and the seriousness of the offences under IPC sections 341, 307, 353, 34 and Arms Act section 27. Concluding that the circumstances did not merit anticipatory bail, the court rejected the application and ordered the petitioner to surrender within a week to apply for regular bail, failing which he would be arrested.
Issues considered
- Whether anticipatory bail can be granted to a person alleged to be the owner of illicit liquor involved in violent offences.
- Whether a confessional statement of a co-accused provides sufficient material to deny anticipatory bail.
- Whether the seriousness of offences under IPC sections 341, 307, 353, 34 and Arms Act section 27 precludes anticipatory bail.
Legislation cited
- Arms Act — s. 27
- Indian Penal Code — s. 307, 34, 341, 353
Subjects
- anticipatory bail
- illicit liquor
- illegal liquor trade
- Arms Act
- violent offence
- criminal procedure
- bail jurisprudence
- confessional statement
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.33154 of 2025
Arising Out of PS. Case No.-275 Year-2022 Thana- FATUA District- Patna
======================================================
Rajesh Kumar S/O Brijan Singh R/O Village- Balwa, P.S.- Fatuha, Distt-
Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Gaurav Kumar Verma
For the Opposite Party/s : Mr. Shyameshwar Dayal
Mr. Jharkhandi Upadhyay
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 23-02-2026 Seen the office notes. The learned counsel for the
petitioner submits that the defects have been removed.
2. Heard the learned counsel for the petitioner and the
learned counsel for the State.
3. The petitioner apprehends arrest in connection with
Fatuha P.S. Case No. 275 of 2022 registered for offences under
Sections 341, 307, 353 and 34 of the Indian Penal Code and
Section 27 of the Arms Act.
4. As per the prosecution case, the police raided the
place of occurrence and destroyed 5000Kg of fermented Mahua
as well 200 liters of country-made liquor. The persons who are
alleged to have involved in the illicit trade of liquor, created
chaos and also opened fire.
Patna High Court CR. MISC. No.33154 of 2025(3) dt.23-02-2026
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5. The learned counsel for the petitioner submits that
the petitioner is not named in the FIR. The FIR has been lodged
against some unknown persons. The name of the petitioner has
transpired in this case on the confessional statement of co-
accused Santosh Kumar. He further submits that save and except
the suspicion and confessional statement, no material has come
against the petitioner.
6. The learned APP for the State has vehemently
opposed the prayer for bail.
7. I have considered the submissions of the parties and
have gone through the records. During investigation, it has
come that the petitioner is the owner of the liquor which was
recovered by the police.
8. Considering the fact that the petitioner was
involved in manufacturing illicit liquor and that the criminals
attacked and opened fire upon the police, this Court is not
inclined to grant the privilege of anticipatory bail to the
petitioner in the present case.
9. Accordingly, the application for anticipatory bail is
hereby rejected.
10. The occurrence is of the year 2022 and the
petitioner is absconding. He is directed to surrender in the court
Patna High Court CR. MISC. No.33154 of 2025(3) dt.23-02-2026
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below within a period of one week from today and seek regular
bail, failing which the Senior Superintendent of Police, Patna
will take all steps for the arrest of the petitioner.
11. It is, however, clarified that the observations made
herein are limited to the adjudication of the present application
and shall not prejudice the case of the petitioner at any
subsequent stage of the proceedings.
12. Let a copy of this order be communicated to the
Senior Superintendent of Police, Patna through FAX for its
compliance forthwith.
(Sandeep Kumar, J)
Shishir/-
U T
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