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Patna High Court

Sahdev RajvanshiversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
Patna High Court CR. MISC. No.41307 of 2026(2) dt.01-07-2026
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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
            Patna High Court CR. MISC. No.41307 of 2026(2) dt.01-07-2026
                                                        3/3




                      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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