Patna High Court
Karu RajbanshiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RITESH KUMAR
Holding
Anticipatory bail was granted because the petitioner was not present at the seizure location and the evidence against him was insufficient to deny bail.
Summary
The petitioner, Karu Rajbanshi, sought anticipatory bail after the police alleged his involvement in the illegal transport of country-made liquor under Sections 30(a) and 47 of the Bihar Prohibition and Excise Act, 2016. The prosecution’s case was based on a secret tip and the confessional statements of three arrested individuals who named the petitioner, although no liquor or motorcycles were recovered from him and he was not present at the seizure site. The petitioner argued innocence, citing lack of personal possession and prior bail in a similar case. The State opposed bail, emphasizing the large quantity seized and the petitioner’s prior criminal antecedent. The Court examined the evidentiary basis, noted the petitioner’s non‑presence at the scene, and considered the purpose of anticipatory bail under Section 482(2) of the CrPC. It ordered that the petitioner be released on bail, subject to a bond and verification of his criminal antecedent.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 482(2) of the CrPC.
- Whether the confessional statements of co‑arrested persons suffice to justify denial of bail.
- Whether the petitioner’s prior criminal antecedent warrants denial of bail.
Legislation cited
- Bihar Prohibition and Excise Act, 2016 — s. 30(a), 47
- Criminal Procedure Code — s. 482(2)
Subjects
- anticipatory bail
- excise law
- illegal liquor
- confessional statement
- criminal antecedent
- Section 482 CrPC
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35826 of 2026
Arising Out of PS. Case No.-823 Year-2024 Thana- Excise P.S. District- Nawada
======================================================
Karu Rajbanshi Son of Mithilesh Rajbanshi Resident of Village- Kadwara,
P.S.- Parnadabar, District- Nawada
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sheo Nandan Prasad, Advocate
For the Opposite Party/s : Mr. Parmanand Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RITESH KUMAR
ORAL ORDER
2 26-05-2026 Heard the learned counsel for the petitioner and the
learned A.P.P. appearing on behalf of the State.
2. The petitioner apprehends his arrest in connection
with Nawada Excise P.S. Case No. 823 of 2024, for allegedly
having committed offences under Sections 30(a) and 47 of the
Bihar Prohibition and Excise Act, 2016.
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 the police got a secret information that some
motorcycles are coming with country made wine. To verify the
authenticity of the said secret information, the police party
reached near Teenmuhani and found that 12 motorcycles were
coming. Upon seeing the police party, all the persons sitting on
the motorcycles tried to flee away, however on chase, three
Patna High Court CR. MISC. No.35826 of 2026(2) dt.26-05-2026
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persons were caught who disclosed their names as Ajay Kumar
@ Ajit Kumar, Mantu Yadav and Guddu Kumar. On the
disclosure made by the three apprehended persons, the name of
the petitioner and others transpired in the present case. Upon
search of the 12 motorcycles, total 2460 litres of country made
liquor was seized, for which the seizure list was prepared.
4. The learned counsel for the petitioner submits that
the petitioner is innocent and has not committed any offence. He
submits that the petitioner was not present at the place of
occurrence and his name transpired in the present case on the
basis of the confessional statement made by three persons who
were arrested by the police. Total 2460 litres of country made
liquor was seized from 12 motorcycles, however the petitioner
has got no concern with either the seized motorcycles or the
seized liquor. It is further submitted that the petitioner has got
one antecedent of similar nature, however in the said case, he is
on bail.
5. Per contra, the learned APP appearing on behalf of
the state opposes the prayer for anticipatory bail of the petitioner
and submits that the petitioner is an accused in similar nature of
case and a huge quantity of country made liquor to the tune of
2460 litres has been seized from 12 motorcycles.
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6. Having considered 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 on the basis of the disclosure made by three
persons who were arrested along with 12 motorcycles. From 12
motorcycles, total 2460 litres of country made liquor was
seized, however nothing was recovered from the petitioner,
since he was not present at the place of occurrence. The
petitioner is an accused in one another case, however in the said
case, he is on bail.
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
Exclusive Special Excise Court-2, Nawada in connection with
Nawada Excise P.S. Case No.823 of 2024, 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
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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/-
U T
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