Patna High Court
Sahdev RajvanshiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- JITENDRA KUMAR
Holding
The court granted bail to the petitioner, subject to a Rs. 10,000 bond, two sureties, and conditions under Section 482(2) of the B.N.S.S., 2023.
Summary
The petitioner, Sahdev Rajvanshi, applied for bail in a case registered under Section 30(d) of the Bihar Prohibition and Excise Act, 2016, alleging possession of 1,200 litres of illicit country-made liquor recovered from an open temple premises. He claimed he was falsely implicated, that the liquor was found in a public area, and that the case against him was based solely on suspicion with no criminal antecedents. The State opposed the bail application. The High Court, after considering the facts, granted bail on the condition that the petitioner furnish a bail bond of Rs. 10,000 with two sureties and comply with conditions under Section 482(2) of the B.N.S.S., 2023, including cancellation of bail if any concealed criminal antecedents or false statements are discovered. The order directed the petitioner to surrender within eight weeks if arrested. The bail was thus granted subject to the stipulated conditions.
Issues considered
- Whether bail should be granted to the petitioner accused under Section 30(d) of the Bihar Prohibition and Excise Act, 2016 on the basis of suspicion alone
- Whether the petitioner’s claim of no prior criminal antecedents and the public nature of the recovery site affect the bail decision
- Whether the conditions imposed under Section 482(2) of the B.N.S.S., 2023 are appropriate
Legislation cited
- Bihar Prohibition and Excise Act, 2016 — s. 30(d)
- B.N.S.S., 2023 — s. 482(2)
Subjects
- bail
- prohibition law
- illicit liquor
- suspicion
- criminal antecedents
- Section 30(d)
- Section 482(2)
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.41307 of 2026
Arising Out of PS. Case No.-290 Year-2023 Thana- RAJAOLI District- Nawada
======================================================
Sahdev Rajvanshi, Son of Mangar Rajvanshi, Resident of Village- Jobkala,
P.S.- Rajauli, District- Nawada.
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner : Mr. Pramod Kumar Verma, Advocate
For the State : Mr. Umanath Mishra, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR
ORAL ORDER
2 01-07-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail, apprehending his arrest,
in connection with Rajauli P.S. Case No.290 of 2023, dated-
11.05.2023, registered for the offences punishable under
Sections 30(d) of the Bihar Prohibition and Excise Act, 2016.
3. As per allegation, 1200 liter country made liquor
has been recovered from the place of a temple called Kala Devi
Sthan, which is an open space and as per the further case of the
police, the Petitioner and other co-accused were found to be
fleeing away from the place of recovery as per the local
chokidar.
4. Learned counsel for the petitioner submits that the
Petitioner is innocent and has falsely been implicated in this
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case. He further submits that the recovery of the illicit liquor has
been made from an open space accessible to the public at large.
He further submits that the case against the Petitioner is based
only on suspicion and he is no way connected with the alleged
offence.
5. It is also stated in paragraph no. 2 of the bail
petition that the petitioner has not moved this Court earlier
either for anticipatory bail or regular one in the instant case.
6. It has further been stated in paragraph no.3 of the
bail petition that the petitioner has no criminal antecedents.
7. However, learned APP for the State vehemently
opposes the prayer of the Petitioner for bail.
8. Considering the aforesaid facts and circumstances,
this petition is allowed, directing the petitioner, above-named,
to be enlarged on bail, in the event of his arrest or surrender
before the court below within a period of eight weeks from the
date of receipt / production of a copy of this order, on his
furnishing bail bonds in the sum of Rs. 10,000 /- (Ten
Thousand) with two sureties of the like amount each to the
satisfaction of learned concerned Court below, in connection
with Rajauli P.S. Case No.290 of 2023, subject to the conditions
as laid down under Section 482 (2) of the B.N.S.S., 2023 and on
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the following conditions:
(i) In case, it is brought to the notice of the court
below that the petitioner has any criminal antecedents, learned
court below shall cancel the bail bonds of the petitioner after
hearing him and getting satisfied that the petitioner has
concealed his criminal antecedents despite his knowledge of the
same.
(ii) In case, it is brought to the notice of the court
below that statement regarding previous bail petition is wrong,
learned court below shall cancel the bail bonds of the petitioner.
(Jitendra Kumar, J.)
Chandan/-
U T
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