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Patna High Court

Rajesh Yadav @ Rajesh RayversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court allowed the anticipatory bail application, granting provisional anticipatory bail subject to conditions.

Summary

Petitioner Rajesh Yadav sought anticipatory bail after learning that he might be arrested in a case under Sections 30(a), 38(1) and 41(1) of the Bihar Prohibition and Excise (Amendment) Act, 2018, alleging recovery of 756.72 litres of liquor from his house, outhouse and a container vehicle. He argued that the liquor was not in his conscious possession, that the house is joint family property, and that he is not the owner of the seized vehicle, contending that the case is based on a confessional statement of another accused. The State opposed the bail. The High Court, after considering the submissions, directed that the petitioner be released on provisional anticipatory bail upon furnishing a bail bond of Rs.5,000 with two sureties, subject to Section 482(2) of the B.N.S.S. and verification of his criminal antecedent. The court warned that if more than one antecedent case is found, the bail may be revoked, otherwise the provisional order will be confirmed.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail in the pending excise case
  • Whether the conditions imposed under Section 482(2) are sufficient to grant bail

Legislation cited

Subjects

  • anticipatory bail
  • Bihar Prohibition and Excise Act
  • liquor seizure
  • joint family property
  • Section 482
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.59956 of 2025
                     Arising Out of PS. Case No.-160 Year-2022 Thana- NAANPUR District- Sitamarhi
                 ======================================================
                 Rajesh Yadav @ Rajesh Ray S/o- Gulam Ray Village- Gaura (Gaudi), P.S.-
                 Nanpur, District- Sitamarhi

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

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

3   06-01-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                                  2. Petitioner apprehends his arrest in a case

                   registered for the offences punishable under Sections 30(a),

                   38(1) and 41(1) of Bihar Prohibition and Excise (Amendment)

                   Act, 2018.

                                  3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of one case and allegation is of

                   recovery of 756.72 litres of liquor from outhouse and house of

                   the petitioner and Raju Rai and from a container 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 Dalan is a place

                   outside the house and thus, is accessible to villagers at large and
Patna High Court CR. MISC. No.59956 of 2025(3) dt.06-01-2026
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          the house in question is a joint family property, as such, it

          cannot be alleged with certainty that it was petitioner who had

          kept the liquor in the house or the liquor kept in the house was

          within his knowledge and he came to be implicated at the

          instance of spy and thereafter the police recorded the

          confessional statement of apprehended accused, Ajit Kumar and

          made him disclose the name of the petitioner.

                         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-bonds in the

          sum of Rs.5,000/- (Rupees Five Thousand) with two sureties of

          the like amount each to the satisfaction of the learned Exclusive

          Special Judge Excise Court No.2, Sitamarhi/Concerned Court in

          connection with Nanpur P.S. Case No.160 of 2022, 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 bonds of the petitioner shall verify
               Patna High Court CR. MISC. No.59956 of 2025(3) dt.06-01-2026
                                                           3/3




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

                         found that petitioner has antecedent of more than one case, then

                         it would be presumed that petitioner for the purposes of

                         obtaining anticipatory bail had concealed his antecedent before

                         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 one case, in that event, the

                         provisional anticipatory bail order shall be confirmed forthwith.


                                                   (Satyavrat Verma, J)

Sanjay/-

U          T


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