Patna High Court
Sunil RajbanshiversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
Provisional anticipatory bail is granted subject to conditions and verification of antecedents.
Summary
The Patna High Court considered an application for anticipatory bail filed by Sunil Rajbanshi, who was implicated in a case under Sections 30(a) and 30(d) of the Bihar Prohibition and Excise Act for alleged recovery of 30 litres of liquor and 3000 litres of fermented Jawa Mahua solution near Kolwa Forest. The petitioner contended that he was not arrested at the spot, that the seized material was not in his conscious possession, and that the delayed report by the chawkidar undermined the prosecution’s case. The State opposed the bail. The Court, after hearing both sides, granted provisional anticipatory bail conditioned on a bail bond of Rs 5,000 with two sureties, a deposit of Rs 2,500 with the Lawyers’ Association, and verification of the petitioner’s criminal antecedent within six weeks, invoking Section 438(2) of the Cr.P.C. and Section 482(2) of the BNSS. The order further provides that if more than one antecedent case is found, the bail may be withdrawn, and the trial court is directed to confirm or set aside the provisional bail after verification.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 438 of the Criminal Procedure Code in a case under the Bihar Prohibition and Excise Act.
- Whether the absence of possession of the alleged contraband and the circumstances of the FIR affect the grant of anticipatory bail.
- Whether the petitioner’s criminal antecedent should influence the decision to grant anticipatory bail.
Legislation cited
- Bihar Narcotic Substances Act (BNSS) — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- Section 438 CrPC
- Bihar Prohibition and Excise Act
- excise offence
- possession
- criminal antecedent
- Section 30
- BNSS Section 482
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6038 of 2026
Arising Out of PS. Case No.-599 Year-2023 Thana- RAJAOLI District- Nawada
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Sunil Rajbanshi S/o Arjun Rajbanshi R/o Village - Jobkala, P.S - Rajauli,
District - Nawada
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Sarita Kumari, Advocate
For the Opposite Party/s : Mr. Anand Kishore Choudhary, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 03-02-2026 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 offences punishable under Sections 30(a) and
30(d) of the Bihar Prohibition and Excise Act.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of one case under the Excise Act and
allegation is of recovery of 30 litres of liquor from a place near
Kolwa Forest along with 3000 litres of Fermented Jawa Mahua
Solution which was destroyed at the spot.
4. Learned counsel for the petitioner submits that
petitioner was not arrested from the spot, as such, nothing was
recovered from his conscious possession and even the alleged
recovery is from a place which does not belong to the petitioner
and is accessible to villagers at large. It is further submitted that
Patna High Court CR. MISC. No.6038 of 2026(2) dt.03-02-2026
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petitioner came to be implicated at the instance of the
Chawkidar but then it is submitted that if the Chawkidar was
aware of the involvement of the petitioner in the occurrence then
why he did not inform the police prior to the institution of the
instant FIR which casts an aspersion on the case of the
prosecution. It is next submitted that once an accused is
implicated in a case relating to excise the police start implicating
mechanically either at the instance of the Chawkidar, local
person, confessional statement or secret information without
holding a proper investigation of the case.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
6. Considering the submissions made by the learned
counsel for the petitioner, let the petitioner above-named, in the
event of his arrest or surrender before the learned trial court
within a period of six weeks from today, be released on
provisional anticipatory bail on furnishing bail bonds of
Rs.5,000/- (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 Rajauli
P.S. Case No. 599 of 2023, subject to the conditions as laid
down under Section 438(2) of the Cr.P.C./482(2) of the BNSS.
Patna High Court CR. MISC. No.6038 of 2026(2) dt.03-02-2026
3/3
7. It is made clear that thereafter the learned trial court
shall verify the criminal antecedent of the petitioner and if it is
found that petitioner has antecedent of more than one case, it
would be presumed that petitioner had concealed his antecedent
before this Court at para 3 of the anticipatory bail application in
that event the provisional anticipatory bail order shall not be
confirmed but if it is found on verification that petitioner has
antecedent of only one case 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.2,500/- with the Lawyers’ Association
of the Patna High Court within a period of two weeks from
today.
(Satyavrat Verma, J)
Kundan/-
U T
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