Patna High Court
Anuj Rajbanshi @ Anuji Rajbanshi @ Anuj RajvanshiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court granted anticipatory bail to the petitioner, subject to the stipulated conditions.
Summary
The petitioner, Anuj Rajbanshi, sought anticipatory bail fearing arrest in a case (PS Neemchak Bathani Case No. 207 of 2025) involving alleged possession of 45 litres of illicit country-made liquor under Sections 30(a) and 30(d) of the Bihar Prohibition and Excise Act. He asserted his innocence and a clean antecedent, while the State opposed the bail. The High Court, applying Section 438(2) of the Code of Criminal Procedure and Section 482 of the Bihar Narcotic and Smuggling Act, allowed the anticipatory bail with a bond of Rs.10,000, two sureties, a mandatory deposit of Rs.25,000 to a charitable institution, verification of his clean antecedent, and a condition to appear at the police station on specified Sundays. The order also stipulated that any default would lead to cancellation of bail. Consequently, the petitioner was released on bail subject to these conditions.
Issues considered
- Whether anticipatory bail can be granted in offences under Sections 30(a) and 30(d) of the Bihar Prohibition and Excise Act.
- Whether the conditions imposed (bond, sureties, monetary deposit, verification of antecedent, periodic police‑station attendance) are permissible under Section 438 CrPC and Section 482 BNSS.
Legislation cited
- Bihar Narcotic and Smuggling Act — s. 482
- Bihar Prohibition and Excise Act — s. 30(a), 30(d)
- Criminal Procedure Code — s. 438(2)
Subjects
- anticipatory bail
- Bihar Prohibition Act
- illicit liquor
- clean antecedent
- bail conditions
- Section 438 CrPC
- Section 482 BNSS
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38232 of 2026
Arising Out of PS. Case No.-207 Year-2025 Thana- NIMCHAKBATHANI District- Gaya
======================================================
Anuj Rajbanshi @ Anuji Rajbanshi @ Anuj Rajvanshi S/o Nanhak Rajbanshi
Resident of Village - Baratilha, PS Neemchak Bathani, District- Gaya Ji.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ajay Kumar Sinha, Advocate
For the Opposite Party/s : Mr.Rajendra Prasad Nat, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 16-06-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner apprehends his arrest in
connection with Neemchak Bathani P.S. Case No. 207 of 2025
registered for the offence under Sections 30(a) and 30(d) of the
Bihar Prohibition and Excise Act.
3. As per the prosecution case, the recovery is of
total 45 litres of illicit country made liquor from three gallons.
4. It has been submitted by the learned counsel for
the petitioner that the petitioner is innocent and he has falsely
been implicated in this case. Petitioner has clean antecedent.
5. Learned A.P.P. for the State opposes the prayer
for anticipatory bail of the petitioner.
6. Considering the aforesaid facts, this application
Patna High Court CR. MISC. No.38232 of 2026(2) dt.16-06-2026
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is allowed.
7. Let the petitioner, above named, in the event of
his arrest or surrender before the concerned Court below within
four weeks from today, be released on bail on furnishing bail
bond of Rs. 10,000/- (Ten Thousand) with two sureties of the
like amount each to the satisfaction of the learned Exclusive
Special Excise, Court No. 2, Gaya/ concerned Court below in
connection with Neemchak Bathani P.S. Case No. 207 of 2025,
subject to the conditions laid down in Section 438(2) of the
Code of Criminal Procedure, 1973 / Section 482 of the BNSS.
8. This is also subject to the condition that the
petitioner shall deposit an amount of Rs. 25,000/- in
Ramakrishna Math, Village Jharha (near Matua Pahar), P.O.
Gurua, Gayaji and produce the receipt of the same before the
Court below. The bail bonds of the petitioner shall be accepted
after verifying the genuineness of the receipt produced by the
petitioner.
9. At the time of accepting the bail bonds of the
petitioner, the Court below shall verify the statement of the
petitioner that he has clean antecedent. The bail bonds of the
petitioner shall only be accepted if it is found that he has clean
antecedent.
Patna High Court CR. MISC. No.38232 of 2026(2) dt.16-06-2026
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10. As a condition of this order, the petitioner after
being released on bail, is directed to mark his attendance at
Neemchak Bathani Police Station, District- Gayaji on first and
third Sunday of every month. Any default in appearance at the
Police Station will result in cancellation of bail bonds of the
petitioner.
(Sandeep Kumar, J)
tusharika/-
U T
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