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Patna High Court

Rajesh Kumar SinghversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court granted provisional anticipatory bail to the petitioner, subject to a bond, sureties and verification of his criminal antecedents.

Summary

The petitioner, Rajesh Kumar Singh, was implicated in a case under Section 30(a) of the Bihar Prohibition and Excise Act for the alleged recovery of 414 litres of liquor from his pickup vehicle, although he was not arrested at the spot and the driver fled. He has eight prior criminal cases, seven of which are under the Excise Act, and contended that he was unaware of his driver’s misuse of the vehicle. The State opposed his prayer for anticipatory bail. The High Court, considering the submissions, granted provisional anticipatory bail on the condition that the petitioner furnish a bail bond of Rs.40,000 with two sureties and that the trial court verify his criminal antecedents. If the verification shows more than eight prior cases, the bail will not be confirmed; if exactly eight, it will be confirmed forthwith.

Issues considered

  • Whether anticipatory bail can be granted in a case under Section 30(a) of the Bihar Prohibition and Excise Act where the accused is merely the owner of the vehicle and not in actual possession of the contraband.
  • Whether the petitioner’s prior criminal antecedents affect the grant and confirmation of anticipatory bail.
  • Whether the trial court may condition the confirmation of anticipatory bail on verification of the petitioner’s criminal record.

Legislation cited

Subjects

  • anticipatory bail
  • Bihar Prohibition and Excise Act
  • Section 30(a)
  • Section 482(2)
  • excise offence
  • vehicle ownership
  • criminal antecedents
  • bail bond

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.43203 of 2026
                        Arising Out of PS. Case No.-127 Year-2020 Thana- NADI P.S. District- Patna
                 ======================================================
                 Rajesh Kumar Singh S/o Shivnath Prasad Singh Resident of Village- Sitalpur,
                 Kamalpur, PS- Bidhupur, Dist- Vaishali

                                                                                     ... ... Petitioner/s
                                                         Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Anish Kumar
                 For the Opposite Party/s :        Ms. Sucheta Yadav
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   02-07-2026                  1. Heard 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 offence punishable under Section 30(a) of

                   Bihar Prohibition and Excise Act.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of 8 cases, out of which, 7 cases are

                   under the Excise Act and allegation is of recovery of 414 litres

                   of liquor from a pick up vehicle. It is next submitted that

                   petitioner was not arrested from the spot as such nothing was

                   recovered from his conscious possession and he came to be

                   implicated based on the fact that he is owner of the seized

                   vehicle. It is next submitted that no prudent person would use

                   his own vehicle for committing an occurrence and thus would
Patna High Court CR. MISC. No.43203 of 2026(2) dt.02-07-2026
                                            2/3




          create evidence against himself and hence would get implicated.

          It is also submitted that the petitioner was completely unaware

          that his driver would misuse his vehicle in the manner as alleged

          who also fled from the spot.

                       4. Learned A.P.P. for the State opposes the prayer for

          anticipatory bail of the petitioner.

                       5. Considering the submissions made by the learned

          counsel for the petitioner, the petitioner above-named, in the

          event of his arrest or surrender within a period of six weeks

          from today, be released on provisional anticipatory bail on

          furnishing bail bonds of Rs.40,000/- (Rupees Forty Thousand)

          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 Nadi P.S. Case No.127/2020, subject to the

          conditions as laid down under Section 482(2) of the B.N.S.S.

                       6. It is made clear that the learned trial court thereafter

          shall verify the criminal antecedents of the petitioner and in the

          event if it is found that petitioner has antecedent of more than 8

          cases, in that event, it would be presumed that petitioner had

          concealed his antecedent before this court, as such, the

          provisional anticipatory bail order shall not be confirmed but if

          on verification it is found that petitioner has antecedent of 8
             Patna High Court CR. MISC. No.43203 of 2026(2) dt.02-07-2026
                                                         3/3




                       cases, in that event the provisional anticipatory bail order shall

                       be confirmed forthwith.



                                                 (Satyavrat Verma, J)
amit/-

U        T


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