Patna High Court
Rakesh Singh @ Rakesh Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail to the petitioners, subject to verification of their antecedents and compliance with the stipulated conditions.
Summary
The petitioners, Rakesh Singh and Nilesh Kumar Singh, applied for anticipatory bail in a case under Section 30(a) of the Bihar Excise Act concerning the alleged recovery of 410.040 litres of liquor from a public place near a dam. They argued they have clean antecedents, were not arrested at the spot, and the liquor was not found in their possession, contending that the accusation stemmed from local informants whose identity was omitted from the FIR. The State opposed the bail. The Court, after considering the submissions, granted provisional anticipatory bail for six weeks, subject to a bail bond of Rs. 500 with two sureties and verification of the petitioners' criminal antecedents by the trial court. The order stipulated that if any antecedent is discovered, the bail would be withdrawn for that petitioner; otherwise, the provisional bail would be confirmed.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under Section 30(a) of the Bihar Excise Act.
- Whether the absence of arrest and lack of possession of the liquor justify granting bail.
- Whether concealment of any criminal antecedent by the petitioners affects the grant of anticipatory bail.
Legislation cited
- Bihar Excise Act — s. 30(a)
- BNSS — s. 482(2)
Subjects
- anticipatory bail
- excise law
- liquor seizure
- clean antecedent
- Section 30
- Section 482
- provisional bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38373 of 2026
Arising Out of PS. Case No.-657 Year-2022 Thana- Excise P.S. District- Saran
======================================================
1. Rakesh Singh @ Rakesh Kumar Singh Sarish Singh R/o Village - Baiju
Tola, P.S. - Revilganj, District - Saran.
2. Nilesh Kumar Singh @ Niku Singh @ Nicku Kumar Singh S/o Satish Singh
R/o Village - Baiju Tola, P.S. - Revilganj, District - Saran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Hemant Kumar
For the Opposite Party/s : Mr.Braj Kishore Pd.(App)
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 18-06-2026 1. Heard learned counsel for the petitioners and
learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case
registered for the offences punishable under Section 30(a) of the
Bihar Excise Act.
3. Learned counsel for the petitioners submits that the
petitioners are person with clean antecedent and allegation is of
recovery of 410.040 litres of liquor from a place near the dam at
Baiju Tola.
4. Learned counsel for the petitioners submits that the
petitioners were not arrested from the spot as such nothing was
recovered from their conscious possession and even the alleged
Patna High Court CR. MISC. No.38373 of 2026(2) dt.18-06-2026
2/3
recovery is from a place which does not belong to the
petitioners and is accessible to public at large and they came to
be implicated at the instance of local people, but then the name
of the person, who disclosed the name of the petitioners, is not
disclosed in the FIR, which casts an aspersion on the case of the
prosecution, when petitioners have not been implicated based on
secret information.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioners.
6. Considering the submissions made by the learned
counsel for the petitioners, the petitioners above-named, in the
event of their arrest or surrender within a period of six weeks
from today, be released on provisional anticipatory bail on
furnishing bail bonds of Rs. 500/- (Rupees Five Hundred) each
with two sureties of the like amount each to the satisfaction of
the learned trial court where the case is pending/successor court
in connection with Excise Sadar P.S. Case No. 657 of 2022,
subject to the conditions as laid down under Section 482(2) of
the BNSS.
7. It is made clear that thereafter the learned Trial Court
shall verify the criminal antecedent of the petitioners and in the
event if it is found that petitioners have antecedent of even one
case then it would be presumed that petitioners, for the purposes of
Patna High Court CR. MISC. No.38373 of 2026(2) dt.18-06-2026
3/3
seeking anticipatory bail, had concealed their antecedent before
this Court, as such, the provisional anticipatory bail order shall not
be confirmed with respect to that petitioner who had concealed his
criminal antecedent before this Court, but after verification if it is
found that petitioners are person with clean antecedent in that
event the provisional anticipatory bail order shall be confirmed
forthwith.
(Satyavrat Verma, J)
Sumit/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.