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Patna High Court

Rajendra SinhaversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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
                                            2/3




          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
                                                       3/3




                     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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