Patna High Court
Rakesh Kumar @ Rakesh Yadav @ YadavversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court ordered provisional anticipatory bail to the petitioner, subject to verification of his criminal antecedent and compliance with the stipulated conditions.
Summary
The petitioner, Rakesh Kumar, was implicated in a case (PS Case No.‑77/2017) for alleged offences under Sections 414 and 34 of the Indian Penal Code read with Section 30(a)(d) of the Bihar Excise Act, concerning the recovery of five quintals of Mahua flower from an auto‑rickshaw. He contended that he had a clean antecedent, that the contraband was not found in his possession, and that he was merely the owner of the vehicle while the driver, who was apprehended at the spot, misused it without his knowledge. The State opposed his prayer for anticipatory bail. The Court, after considering the submissions, granted provisional anticipatory bail subject to a bail bond of Rs. 500 with two sureties and conditioned the order on verification of the petitioner’s criminal antecedent by the trial court. If any antecedent is discovered, the provisional bail will not be confirmed; otherwise, it will be confirmed forthwith.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under the circumstances of alleged ownership of the vehicle used in the alleged offence
- Whether the petitioner’s clean antecedent and lack of direct possession of the contraband justify the grant of anticipatory bail
Legislation cited
- BNSS — s. 482(2)
- Indian Penal Code — s. 34, 414
Subjects
- anticipatory bail
- Section 414 IPC
- Section 34 IPC
- Bihar Excise Act
- vehicle ownership
- criminal antecedent
- provisional bail
- Section 482
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.66754 of 2025
Arising Out of PS. Case No.-77 Year-2017 Thana- MAGADH UNIVERSITY District- Gaya
======================================================
Rakesh Kumar @ Rakesh Yadav @ Yadav S/O Nandlal Yadav Resident of
Village- Hahesari, Masoundhi, P.S.- Barachatti, District- Gaya
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Gajendra Kumar Singh, Advocate
For the Opposite Party/s : Mr. Tarun Prasad Mandal, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 07-01-2026 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 414 and 34
of the Indian Penal Code read with Section 30(a)(d) of the Bihar
Excise Act.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and allegation is of
recovery of 5 quintal of Mahua flower from an Auto.
4. Learned counsel for the petitioner submits that
petitioner was not apprehended from the spot as such nothing
was recovered from his conscious possession and he came to be
implicated based on the fact that he is owner of the seized
vehicle. It is next submitted that no prudent person would use
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his own vehicle for committing an occurrence and thus would
create evidence against himself and hence would get implicated,
it is also submitted that petitioner was completely unaware that
his driver would misuse the vehicle in the manner as alleged
who was also apprehended from the spot.
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, 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.
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 Magadh
University P.S. Case No. 77 of 2017 subject to the conditions as
laid down under Section 482 (2) of the BNSS.
7. It is made clear that thereafter the learned Trial
Court shall verify the criminal antecedent of the petitioner and
in the event if it is found that petitioner has antecedent of even
one case then it would be presumed that petitioner, for the
purposes of seeking anticipatory bail, had concealed his
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antecedent before this Court, as such, the provisional
anticipatory bail order shall not be confirmed, but after
verification if it is found that petitioner is a person with clean
antecedent in that event the provisional anticipatory bail order
shall be confirmed forthwith.
(Satyavrat Verma, J)
Rishabh/-
U T
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