Patna High Court
Rajesh Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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
- Bihar Prohibition and Excise Act — s. 30(a)
- B.N.S.S. — s. 482(2)
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
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.