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Patna High Court

Karu RajbanshiversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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.
Patna High Court CR. MISC. No.35826 of 2026(2) dt.26-05-2026
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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
               Patna High Court CR. MISC. No.35826 of 2026(2) dt.26-05-2026
                                                           4/4




                         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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