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Patna High Court

Rakesh Kumar @ Rakesh Yadav @ YadavversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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
Patna High Court CR. MISC. No.66754 of 2025(3) dt.07-01-2026
                                            2/3




          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
            Patna High Court CR. MISC. No.66754 of 2025(3) dt.07-01-2026
                                                        3/3




                      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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