Patna High Court
Lakhan RajvanshiversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court provisionally granted anticipatory bail to the petitioners, subject to bond, sureties and verification of criminal antecedents.
Summary
The petitioners, three brothers from Mormo village, sought anticipatory bail after being implicated in a case under Sections 30(a) and 30(d) of the Bihar Prohibition and Excise Act, 2022 for alleged recovery of large quantities of liquor and semi‑prepared Mahua. They argued that they have clean antecedents, the alleged contraband was seized from a location not belonging to them, and the complaint originated from a hostile chowkidar. The State opposed the bail. The Court, after hearing both sides, granted provisional anticipatory bail conditioned on the petitioners furnishing a bail bond of Rs.500 with two sureties each, and directed the trial court to verify their criminal antecedents. If any antecedent is discovered, the bail may be withdrawn; otherwise, the provisional bail will be confirmed. The order was made under Section 482(2) of the B.N.S.S.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under the Bihar Prohibition and Excise Act, 2022.
- Whether the allegations and the circumstances of the FIR justify denial of bail.
- Whether Section 482(2) of the B.N.S.S. can be invoked to conditionally grant provisional anticipatory bail.
Legislation cited
- Bihar Prohibition and Excise Act, 2022 — s. 30(a), 30(d)
- B.N.S.S. — s. 482(2)
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- Section 30
- Section 482
- liquor seizure
- clean antecedent
- provisional bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35190 of 2026
Arising Out of PS. Case No.-563 Year-2025 Thana- RAJAOLI District- Nawada
======================================================
1. Lakhan Rajvanshi S/o Jethu Rajvanshi R/o Village - Mormo, P.S. - Rajauli,
Dist. - Nawada.
2. Prabhu Rajvanshi S/o Munshi Rajvanshi R/o Village - Mormo, P.S. - Rajauli,
Dist. - Nawada.
3. Sidheshwar Rajvanshi S/o Gogo Rajvanshi @ Govind Rajvanshi R/o Village
- Mormo, P.S. - Rajauli, Dist. - Nawada.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pramod Kumar Verma
For the Opposite Party/s : Ms. Asha Devi
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 25-06-2026 1. Heard learned counsel for the petitioners and
learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case
registered for the offence punishable under Sections 30(a)(d) of
Bihar Prohibition and Excise Act, 2022.
3. Learned counsel for the petitioners submits that
petitioners are persons with clean antecedent and allegation is of
recovery of 150 litres of liquor from a place near Phulwariya
dam along with 1200 litres of semi prepared Mahua which was
destroyed at the spot and 50 litres of liquor from different places
as detailed in the FIR. It is next submitted that petitioners were
Patna High Court CR. MISC. No.35190 of 2026(3) dt.25-06-2026
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not arrested from the spot as such nothing was recovered from
their conscious possession and even alleged recovery is from a
place which does not belong to the petitioners and is accessible
to villagers and they came to be implicated at the instance of
chowkidar with whom they are on an inimical term. It is also
submitted that if chowkidar was aware of 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, when petitioners
admittedly are persons with clean antecedent.
4. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioners.
5. Considering the submissions made by the learned
counsel for the petitioners, the petitioners above-named, in the
event of their arrest or surrender within a period of six weeks
from today, be released on provisional anticipatory bail on
furnishing bail bonds of Rs.500/- (Rupees five hundred) each
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 Rajauli P.S. Case No.563/2025, subject to the
conditions as laid down under Section 482(2) of the B.N.S.S.
6. It is made clear that thereafter the learned trial court
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thereafter shall verify the criminal antecedents of the petitioners
and in the event if it is found that petitioners have antecedent of
even one case, in that event, it would be presumed that
petitioners had concealed their antecedent before this court, as
such, the provisional anticipatory bail order shall not be
confirmed with respect to those petitioners whose criminal
antecedent does not tally but if after verification the criminal
antecedent as recorded hereinabove tallies with the petitioners in
that event the provisional anticipatory bail order shall be
confirmed forthwith.
(Satyavrat Verma, J)
amit/-
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