Patna High Court
Rajnish Kumar @ Rajnish Kumar Yadav @ Rajnish YadavversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
Provisional anticipatory bail was granted subject to conditions and verification of the petitioner’s antecedents.
Summary
The petitioner, Rajnish Kumar, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Prohibition and Excise Act, 2016, where 2 litres of liquor were allegedly recovered from a motorcycle not owned by him. He argued he had a clean antecedent and that the seized liquor was not in his conscious possession, and the informant’s identity was omitted from the FIR. The State opposed the bail. The Court granted provisional anticipatory bail, requiring a bail bond of Rs.500 with two sureties and a deposit of Rs.1500 with the Advocates’ Association, subject to verification of his antecedents by the trial court. If any prior case is found, the bail would be presumed concealed and not confirmed; otherwise, it would be confirmed. The order was made under Section 482(2) of the B.N.S.S.
Issues considered
- Whether anticipatory bail should be granted to the petitioner in a case under Section 30(a) of the Bihar Prohibition and Excise Act, 2016
- Whether the petitioner’s clean antecedent and lack of conscious possession justify anticipatory bail
Legislation cited
- Bihar Prohibition and Excise Act, 2016 — s. 30(a)
- B.N.S.S. — s. 482(2)
Subjects
- anticipatory bail
- Section 30(a)
- Bihar Prohibition and Excise Act
- clean antecedent
- Section 482
- provisional bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6469 of 2026
Arising Out of PS. Case No.-167 Year-2020 Thana- RAJEPUR District- East Champaran
======================================================
Rajnish Kumar @ Rajnish Kumar Yadav @ Rajnish Yadav Son of Late
Upendra Yadav @ Late Upendra Rai R/o Village - Delho, P.S. - Madhuban,
Dist. - East Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Abhishek Kumar
For the Opposite Party/s : Mr. Sanjay Kumar Pandey
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 04-02-2026 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 offence punishable under Section 30(a) of
Bihar Prohibition and Excise Act, 2016.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and allegation is of
recovery of 2 litres of liquor from a motorcycle. 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 he came to be implicated at
the instance of local person but then the name of the person who
disclosed the name of the petitioner is not disclosed in the FIR
Patna High Court CR. MISC. No.6469 of 2026(2) dt.04-02-2026
2/3
which casts an aspersion on the case of the prosecution.
4. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
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 from today, be released on
provisional anticipatory bail on furnishing bail bonds of
Rs.500/- (Rupees five hundred) 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 Rajepur
P.S. Case No.167/2020, 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 even 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 is a person with clean
antecedent, in that event the provisional anticipatory bail order
shall be confirmed forthwith.
Patna High Court CR. MISC. No.6469 of 2026(2) dt.04-02-2026
3/3
7. At this stage, the learned counsel for the petitioner
based on instruction submits that petitioner undertakes to
deposit an amount of Rs.1500/- with Advocates’ Association,
Patna High Court within a period of two weeks from today.
(Satyavrat Verma, J)
amit/-
U T
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