Patna High Court
Rahul Kumar @ Rahul SinghversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court allowed the anticipatory bail, granting provisional bail subject to verification of antecedents and compliance with the stipulated conditions.
Summary
Petitioner Rahul Kumar, who has six prior excise cases, applied for anticipatory bail in a case under Section 30(a) of the Bihar Prohibition and Excise Act alleging recovery of 656.61 litres of liquor from a bush not in his possession. He argued that he was not arrested at the spot and that the recovery was from a public area, contending that the police mechanically implicated him without proper investigation. The State opposed the bail. The High Court, considering these submissions, granted provisional anticipatory bail on a bond of Rs.30,000 with two sureties, subject to Section 482(2) of the CrPC and a condition that the trial court verify his antecedents. If more than six prior cases are found, the bail will not be confirmed; if exactly six, it will be confirmed. The petitioner also agreed to deposit Rs.10,000 with the High Court Legal Services Committee.
Issues considered
- Whether anticipatory bail can be granted in an excise offence under Section 30(a) of the Bihar Prohibition and Excise Act given the petitioner’s prior convictions and lack of possession of the alleged liquor.
- Whether the conditions imposed under Section 482(2) of the CrPC are appropriate for confirming or revoking the provisional bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482(2)
Subjects
- anticipatory bail
- excise offence
- Section 30
- Section 482
- prior convictions
- possession
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6210 of 2026
Arising Out of PS. Case No.-225 Year-2025 Thana- BARURAJ District- Muzaffarpur
======================================================
Rahul Kumar @ Rahul Singh S/o Mahesh Singh R/o Village - Mahmmadpur
Balmi, P.S - Motipur, District - Muzaffarpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Priyesh Kumar, Advocate
For the Opposite Party/s : Mr. Navin Kumar Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 04-02-2026 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 Act.
3. Learned counsel for the petitioner submits that
petitioner has antecedents of six cases under the Excise Act and
allegation is of recovery of 656.61 litres of liquor from a bush. 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 but then
it is submitted that once an accused is implicated in a case
Patna High Court CR. MISC. No.6210 of 2026(2) dt.04-02-2026
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relating to excise, the police starts implicating mechanically
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.30,000/- (Rupees Thirty Thousand) with two sureties
of the like amount each to the satisfaction of learned Exclusive
Special Judge Excise-II, Muzaffarpur in connection with
Baruraj P.S. Case No.225 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 six cases, then
it would be presumed that petitioner for the purposes of
Patna High Court CR. MISC. No.6210 of 2026(2) dt.04-02-2026
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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 six 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.10,000/- 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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