Patna High Court
Rajneesh KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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
- Bihar Prohibition and Excise Act, 2018 — s. 30(a)
- B.N.S.S. — s. 482(2)
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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