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Patna High Court

Rajeshwar PandeyversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The application for anticipatory bail is allowed, with provisional bail granted subject to conditions.

Summary

The petitioner, Rajeshwar Pandey, applied for anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, where liquor was allegedly recovered from a pickup vehicle. He argued that he was not arrested on the spot, did not possess the seized vehicle, and was implicated by a chowkidar without proper investigation. The State opposed the bail. The High Court, considering the submissions, granted provisional anticipatory bail conditioned on a bail bond of Rs.15,000 with two sureties and compliance with Section 482(2) of the CrPC. The Court directed the trial court to verify the petitioner’s criminal antecedents and stipulated that if more than three prior cases are found, the bail would be cancelled, otherwise confirmed. Additionally, the petitioner was ordered to deposit Rs.5,000 with the High Court Legal Services Committee.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under Section 482(2) of the CrPC in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act.
  • Whether the petitioner’s prior criminal antecedents affect the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • excise law
  • Section 30
  • provisional bail
  • criminal antecedent
  • Section 482
  • high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.4902 of 2026
                 Arising Out of PS. Case No.-327 Year-2025 Thana- PIPRAKOTHI District- East Champaran
                 ======================================================
                 Rajeshwar Pandey S/O Late Amar Pandey Resident of village -
                 Mahammada,P.S- Piprakothi,Dist- East Champaran

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Abhishek Kumar, Advocate
                 For the Opposite Party/s :       Mr. Raj Kishor Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   02-02-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. Petitioner apprehends his arrest in a case registered

                   for the offence punishable under Section 30(a) of Bihar

                   Prohibition and Excise (Amendment) Act.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedents of three cases under the Excise Act

                   and allegation is of recovery of 519.84 litres of liquor from a

                   pickup vehicle. It is next submitted that petitioner was not

                   arrested from the spot, as such, nothing was recovered from his

                   conscious possession and is not the owner of the seized vehicle

                   and came to be implicated at the instance of Chowkidar but then

                   it is submitted that once an accused is implicated in a case

                   relating to excise, the police starts implicating mechanically
Patna High Court CR. MISC. No.4902 of 2026(2) dt.02-02-2026
                                            2/3




          either at the instance of Chowkidar, local person, confessional

          statement or secret information without holding a proper

          investigation.

                         4. Learned A.P.P. opposes the anticipatory bail

          application.

                       5. Considering the submissions made by the learned

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

          event of his arrest or surrender before the learned Court below

          within a period of six weeks, is directed to be released on

          provisional anticipatory bail on his furnishing bail-bond in the

          sum of Rs.15,000/- (Rupees Fifteen Thousand) with two sureties

          of the like amount each to the satisfaction of learned Special

          Judge, Excise Court No.1, East Champaran, Motihari in

          connection with Piprakothi P.S. Case No.327 of 2025, subject to

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

                       6. The application stands allowed.

                       7. It is made clear that the learned trial Court after

          accepting the provisional bail bond of the petitioner shall verify

          the criminal antecedent of the petitioner and in the event, if it is

          found that petitioner has antecedent of more than three cases,

          then it would be presumed that petitioner for the purposes of

          obtaining anticipatory bail had concealed his antecedent before
               Patna High Court CR. MISC. No.4902 of 2026(2) dt.02-02-2026
                                                           3/3




                         this Court, in that event, the present provisional anticipatory bail

                         order shall not be confirmed, but if on verification, it is found

                         that petitioner has antecedent of only three cases, 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.5,000/- with High Court Legal Services

                         Committee, Patna within a period of two weeks from today.


                                                   (Satyavrat Verma, J)

Sanjay/-

U          T


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