Created by Fuzzy Cloud

Patna High Court

Rakesh Kumar @ SadhuversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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
          Patna High Court CR. MISC. No.38681 of 2026(2) dt.17-06-2026
                                                      3/3




                    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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.