Patna High Court
Rakesh Kumar @ SadhuversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
Anticipatory bail was granted to the petitioner subject to the stipulated conditions.
Summary
The petitioner, Rakesh Kumar, sought anticipatory bail in a case (PS No. 47 of 2026) alleging possession of 90 litres of illicit liquor under Section 30(a) of the Bihar Prohibition and Excise Act. He claimed he was falsely implicated by a local chowkidar and asserted a clean criminal record. The petitioner offered to donate Rs. 25,000 to a charitable organization without admitting guilt. The High Court allowed the anticipatory bail application, directing the petitioner to furnish a bail bond of Rs. 10,000 with two sureties, deposit the charitable amount, and appear at the police station on the first and third Sundays of each month. The order also required verification of the petitioner’s antecedent and stipulated cancellation of bail upon default. The bail was granted subject to the conditions prescribed under Section 438(2) of the CrPC and Section 482 of the BNSS.
Issues considered
- Whether anticipatory bail should be granted in a prosecution under Section 30(a) of the Bihar Prohibition and Excise Act.
- Whether the petitioner’s claim of innocence, clean antecedent, and willingness to make a charitable donation justify the grant of bail.
- Whether the conditions imposed (bond, sureties, charitable deposit, periodic police attendance) are permissible under law.
Legislation cited
- Bihar Narcotic and Substance (BNSS) Act — s. 482
- Bihar Prohibition and Excise Act — s. 30(a)
- Criminal Procedure Code — s. 438(2)
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- illicit liquor
- false implication
- charitable donation
- bail conditions
- CrPC Section 438
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38681 of 2026
Arising Out of PS. Case No.-47 Year-2026 Thana- SANJHOLI District- Rohtas
======================================================
Rakesh Kumar @ Sadhu Son of Dasharath singh Resident of Mohalla- Chaita
Bahori Tola,2, P.S. Sanjhauli, District- Rohtas
... ... Petitioner/s
Versus
The State of Bihar Bihar.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Shashi Kant
For the Opposite Party/s : Mr.Ajay Kumar Jha
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 17-06-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner apprehends his arrest in
connection with Sanjhauli P.S. Case No. 47 of 2026 registered
for the offence under Section 30(a) of the Bihar Prohibition and
Excise Act.
3. As per the prosecution case, the recovery is of
90 liters of illicit liquor.
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 on the instance of the local
Chowkidar.
5. Learned counsel for the petitioner submits that
the petitioner is ready to donate Rs. 25,000/- in some charitable
Patna High Court CR. MISC. No.38681 of 2026(2) dt.17-06-2026
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organization without accepting his guilt. He further submits that
the petitioner has no criminal antecedent.
6. Considering the aforesaid facts, this application
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 concerned Court
below in connection with Sanjhauli P.S. Case No. 47 of 2026,
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), Halka
Chilore, P.O. Gurua, Dist. Gayaji, Bihar 824205 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. As a condition of this order, the petitioner, after
being released on anticipatory bail, is directed to mark his
attendance at Sanjhauli Police Station on first and third Sunday
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of each month. Any default in appearance at the police station
will result in cancellation of bail bonds of the petitioner.
10. As the petitioner claims to have clean antecedent,
the Court below, before accepting the bail bonds of the
petitioner is directed to verify the antecedent of the petitioner. If
the petitioner is found to be involved in any other case then the
bail bonds of the petitioner shall not be accepted.
(Sandeep Kumar, J)
Vikas/-
U
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