Patna High Court
Rajendra SinhaversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail to the petitioner subject to conditions and verification of his antecedent.
Summary
The petitioner, Rajendra Sinha, was implicated in a case alleging the recovery of five litres of liquor from a school van, alleged to be a violation of Sections 30(a), 32 and 37 of the Bihar Prohibition and Excise Act. He contended that he had a clean antecedent and that the alleged offence was committed by his driver, Chamantu Singh, without his knowledge, and that he was not in possession of the liquor at the time of arrest. The State opposed his application for anticipatory bail. The Court, after considering the submissions, granted provisional anticipatory bail subject to a bail bond of Rs.500 with two sureties and conditions under Section 438(2) of the Cr.P.C. and Section 482(2) of the BNSS, directing verification of his antecedent. The order further required the petitioner to deposit Rs.1,500 with the Patna High Court Advocate Association within two weeks. The provisional bail will be confirmed if his antecedent is found clean, otherwise it will not be confirmed.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 438 Cr.P.C. despite the allegations under the Bihar Prohibition and Excise Act.
- Whether ownership of the vehicle used in the alleged offence is sufficient to implicate the petitioner.
- Whether the petitioner’s clean antecedent warrants the grant of anticipatory bail.
Legislation cited
- Bihar Narcotic and Substance (BNSS) Act — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- vehicle ownership
- clean antecedent
- Section 438 CrPC
- Section 482 BNSS
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4303 of 2026
Arising Out of PS. Case No.-68 Year-2025 Thana- CHIHARA District- Jamui
======================================================
Rajendra Sinha S/o Late Bharat Prasad R/o Village - Chandramandi, Police
Station - Chandramandi, District Jamui Present R/o - House No. 89, Ward No.
2, Near - Oxford Colony School, Circular Road, Barmasiya, Deoghar, District
- Deoghar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Shali, Advocate
Mr. Pankaj Kumar Sinha, Advocate
For the Opposite Party/s : Mr. Ajay Kumar No. 2, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 31-01-2026 1. Heard Ms. Shali, learned counsel for the petitioner
and learned A.P.P. for the State.
2. The petitioner apprehends his arrest in a case
registered for the offences punishable under Sections 30(a), 32
and 37 of the Bihar Prohibition and Excise Act.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and allegation is of
recovery of 5 litres of liquor from a school van.
4. Learned counsel for the petitioner submits that
petitioner was not arrested from the spot, as such, nothing was
recovered from his conscious possession. It is further submitted
that petitioner came to be implicated based on the fact that he is
owner of the seized vehicle. It is next submitted that no prudent
Patna High Court CR. MISC. No.4303 of 2026(2) dt.31-01-2026
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person would use his own vehicle for committing an occurrence
and thus would create evidence against himself and hence
would get implicated. It is also submitted that petitioner was
completely unaware that his driver, namely, Chamantu Singh
would misuse the vehicle in the manner as alleged who was also
apprehended from the spot.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
6. Considering the submissions made by the learned
counsel for the petitioner, let the petitioner above-named, in the
event of his arrest or surrender before the learned trial court
within a period of six weeks from today, be released on
provisional anticipatory bail on furnishing bail bonds of
Rs.500/- (Rupees Five Hundred) 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 Chihra
P.S. Case No. 68 of 2025, subject to the conditions as laid down
under Section 438(2) of the Cr.P.C./482(2) of the BNSS.
7. It is made clear that thereafter the learned trial
court shall verify the criminal antecedent of the petitioner and if
it is found that petitioner has antecedent of even one case, it
would be presumed that petitioner had concealed his antecedent
Patna High Court CR. MISC. No.4303 of 2026(2) dt.31-01-2026
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before this Court at para 3 of the anticipatory bail application in
that event the provisional anticipatory bail order shall not be
confirmed but if it is found on verification that petitioner is a
person with clean antecedent in that event the provisional
anticipatory bail order shall be confirmed forthwith.
8. At this stage, learned counsel for the petitioner
based on instruction submits that petitioner undertakes to
deposit an amount of Rs.1,500/- with the Advocate Association
of the Patna High Court within a period of two weeks from
today.
(Satyavrat Verma, J)
Kundan/-
U T
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