Patna High Court
Rakesh Pandit @ Rakesh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RITESH KUMAR
Holding
The court granted anticipatory bail to the petitioner, subject to a bond, sureties and verification of his criminal antecedent.
Summary
The petitioner, Rakesh Pandit, was implicated in a case under Section 30(a) of the Bihar Prohibition & Excise Act after 100.620 litres of illicit foreign liquor were seized from three motorcycles. The police report indicated that the petitioner’s name was supplied by persons present at the scene, although he was not physically present and no liquor was found in his possession. The petitioner, who has three prior similar cases, applied for anticipatory bail, arguing that the accusation was based solely on suspicion. The State opposed the bail on the ground of his criminal antecedents. After reviewing the material, the court held that the petitioner could be released on bail if arrested within six weeks, subject to a Rs.10,000 bond, two sureties, and verification of his criminal antecedent under Section 482(2) of the CrPC. The order conditions that any concealment of antecedents may lead to cancellation of the bail bond.
Issues considered
- Whether anticipatory bail should be granted to the petitioner when the accusation is based only on suspicion and he has prior similar offences.
Legislation cited
- Bihar Prohibition & Excise Act — s. 30(a)
- Criminal Procedure Code — s. 482(2)
Subjects
- anticipatory bail
- Bihar Prohibition & Excise Act
- illicit liquor
- criminal antecedent
- Section 30(a)
- Section 482(2) CrPC
- suspicion
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35508 of 2026
Arising Out of PS. Case No.-43 Year-2026 Thana- BHAGWAN BAZAR District- Saran
======================================================
Rakesh Pandit @ Rakesh Kumar S/O Radheshyam Pandit @ Sohan Pandit
R/o- Village- Ajayabganj Kumhrar Toli, P.S.- Bhagwan Bazar, District- Saran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Anjani Parashar, Advocate
For the Opposite Party/s : Mr. Upendra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RITESH KUMAR
ORAL ORDER
2 21-05-2026 Heard the learned counsel for the petitioner and the
learned A.P.P. appearing for the State.
2. The petitioner apprehends his arrest in connection
with Bhagwan Bazar P.S. Case No.43 of 2026, for allegedly
having committed offence under Section 30(a) of Bihar
Prohibition & Excise Act.
3. As per the prosecution story, which has been lodged
on the basis of the written report submitted by the informant, to the
effect that on 19.01.2026 at around 22:00 hours, the informant
along with police personnel was on patrolling duty. While he
reached at Masumganj mosque on 20.01.2026 at around 04:40
hours, then he saw three motorcycles carrying sacks tied on them.
Upon seeing the police personnel, the riders of the motorcycles,
taking advantage of the darkness, fled away leaving behind the
motorcycles. In presence of police personnel, search was made of
the sacks tied with the motorcycles, and upon search total 100.620
Patna High Court CR. MISC. No.35508 of 2026(2) dt.21-05-2026
2/3
litres of illicit foreign liquor was recovered and accordingly, a
seizure list was prepared. From the persons, who came there, the
name of the petitioner and others transpired in the present case.
4. The learned counsel for the petitioner submits that the
petitioner has been made an accused in the present case only on
the basis of suspicion. He was not present at the place of
occurrence and nothing has been recovered from his possession.
The persons, who were standing there, disclosed the names of the
petitioner and others. The petitioner has got no concern with either
the seized motorcycles or the seized liquor and since he is accused
in three other cases of similar nature, his name has been taken in
the present case.
5. The learned APP appearing on behalf of the State
opposes the prayer for grant of anticipatory bail to the petitioner
and submits that the petitioner is an accused in three other cases of
similar nature and therefore, he is not entitled to be released on
anticipatory bail.
6. Having heard the rival submissions and after going
through the records, it appears that the petitioner was not present
at the place of occurrence and his name transpired in the present
case only on the basis of disclosure made by the persons, who
were present at the place of occurrence. Total 100.620 litres of
illicit foreign liquor was recovered from three motorcycles,
Patna High Court CR. MISC. No.35508 of 2026(2) dt.21-05-2026
3/3
however the petitioner is said to have got no concern with the
alleged seized motorcycles and the petitioner has got three
criminal antecedents.
7. Taking into consideration the facts aforesaid, let the
petitioner, above-named, in the event of his arrest or surrender
within a period of six weeks, be released on bail on furnishing bail
bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of
the like amount each to the satisfaction of the learned Additional
Sessions Judge-cum-Exclusive Special Court Excise Act-I, Saran
at Chapra in connection with Bhagwan Bazar P.S. Case No.43 of
2026, subject to the conditions laid down under Section 482(2) of
the B.N.S.S. with a further condition that:-
The learned court concerned shall verify the criminal
antecedent of the petitioner and in case at any stage it is found that
the petitioner has concealed his criminal antecedent, the court
concerned shall take steps for cancellation of bail bond of the
petitioner. However, the acceptance of bail bond in terms of the
above-mentioned order shall not be delayed for purpose of or in
the name of verification.
(Ritesh Kumar, J.)
Sanjay/Shital
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.