Patna High Court
Raj Kumar RajvanshiversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- ANSHUMAN
Holding
Anticipatory bail was denied.
Summary
Petitioner Raj Kumar Rajvanshi applied for anticipatory bail in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2016, where 25 litres of illicit liquor and 6,000 litres of fermented Jawa Mahua were recovered. He claimed innocence, stating that nothing was found in his conscious possession and that the recovery was from an open place accessible to all. The State opposed the bail, highlighting four pending criminal cases against the petitioner, all under the same Act. The Patna High Court, after considering the facts, declined to grant anticipatory bail. However, the Court directed that if the petitioner surrenders within six weeks, the trial court must decide his bail application on the merits on the same day without prejudice.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2016.
- Whether the existence of four pending cases under the same Act precludes the grant of anticipatory bail.
- Whether the fact that the seized liquor was recovered from an open place affects the bail consideration.
Legislation cited
Subjects
- anticipatory bail
- prohibition law
- illicit liquor
- excise
- criminal procedure
- bail
- pending cases
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36409 of 2026
Arising Out of PS. Case No.-502 Year-2020 Thana- RAJAOLI District- Nawada
======================================================
Raj Kumar Rajvanshi S/o Bale Rajvanshi Resident of Village - Kharoundh,
P.S. - Sirdala, Dist. - Nawada, at present R/o Village - Kumbhiyatari, P.S. -
Rajaun, Dist. - Nawada.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Krishna Deo Raj, Advocate
For the Opposite Party/s : Mr. Awadhesh Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
2 03-06-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner is apprehending arrest in connection
with Rajauli P.S. Case No. 502 of 2020, dated 22.10.2020,
lodged under Section 30(a) of the Bihar Prohibition and Excise
(Amendment) Act, 2016, pending before the Court of Exclusive
Special Excise Judge-II, Nawada.
3. As per the prosecution, total recovery of 25 litres of
illicit liquor and 6000 litres of fermented Jawa Mahua have been
made, which is the subject matter of the present case.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. Counsel
further submits that nothing has been recovered from the
conscious possession of the petitioner. Counsel further submits
Patna High Court CR. MISC. No.36409 of 2026(2) dt.03-06-2026
2/2
that the alleged recovery has been made from an open place,
which is accessible to all. Counsel also submits that the criminal
antecedent of the petitioner is not clean, as there are four
criminal cases pending against him.
5. Learned APP for the State vehemently opposes the
prayer for bail of the petitioner and submits that four criminal
cases are pending against the petitioner, and all the cases are
related to the Bihar Prohibition and Excise (Amendment) Act.
6. Considering the facts and circumstances of the
present case, this Court is not inclined to grant anticipatory bail
to the petitioner. Accordingly, the prayer for anticipatory bail of
the petitioner is hereby rejected.
7. Liberty is hereby granted to the petitioner that if he
surrenders within six weeks, the Trial Court is directed to pass
order on his surrender-cum-bail application on the same day
without being prejudiced by the fact that the anticipatory bail
application of the petitioner has been rejected by this Court, and
the Trial Court shall pass an order on the merits of the case.
(Dr. Anshuman, J.)
Aman Kumar/-
U T
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