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Patna High Court

Rajneesh KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

Provisional anticipatory bail was granted to the petitioner subject to bond, sureties, and verification of criminal antecedents.

Summary

The petitioner, Rajneesh Kumar, feared arrest in a case under Section 30(a) of the Bihar Prohibition and Excise Act, 2018, alleging recovery of 872 litres of liquor from government land. He argued that the liquor was not in his possession, the land did not belong to him, and the complaint was motivated by an inimical relationship with the chowkidar. The State opposed his request for anticipatory bail. The Court, after considering the submissions, granted provisional anticipatory bail on the condition that the petitioner furnish a bail bond of Rs.5,000 with two sureties of the same amount, subject to verification of his criminal antecedents under Section 482(2) of the B.N.S.S. If more than one antecedent case is found, the bail will not be confirmed; if only one antecedent is found, the bail will be confirmed.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail in the case under Section 30(a) of the Bihar Prohibition and Excise Act, 2018.

Legislation cited

Subjects

  • anticipatory bail
  • Section 30
  • Bihar Prohibition and Excise Act
  • liquor seizure
  • criminal antecedent
  • bail bond
  • surety

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.44927 of 2026
                       Arising Out of PS. Case No.-45 Year-2026 Thana- TAJPUR District- Samastipur
                 ======================================================
                 Rajneesh Kumar s/o Late Arjun Sah Resident of Village- Gangapur, PS-
                 Musrigharari, Dist.- Samastipur.
                                                                       ... ... Petitioner/s
                                                  Versus
                 The State of Bihar
                                                                ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Rambabu Yadav
                 For the Opposite Party/s :        Mr. Shyam Bihari Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   03-07-2026                  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, 2018.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of one case and allegation is of

                   recovery of 872 litres of liquor from a government land. It is

                   next submitted that petitioner was not arrested from the spot as

                   such nothing was recovered from his conscious possession and

                   even alleged recovery is from a place which does not belong to

                   the petitioner and is accessible to villagers at large and he came

                   to be implicated at the instance of chowkidar with whom he is

                   on an inimical term.

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

                   anticipatory bail of the petitioner.
             Patna High Court CR. MISC. No.44927 of 2026(2) dt.03-07-2026
                                                         2/2




                                    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.5000/- (Rupees five 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 Tajpur P.S. Case No.45/2026, 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

                       one case, 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 one

                       case, in that event the provisional anticipatory bail order shall be

                       confirmed forthwith.



                                                        (Satyavrat Verma, J)
amit/-

U        T


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