Patna High Court
Rakesh KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail to the petitioner, subject to bond, sureties, and verification of his criminal antecedent.
Summary
The petitioner, Rakesh Kumar, sought anticipatory bail after learning that he might be arrested in an excise case involving the alleged recovery of 100.800 litres of liquor from a vehicle he owned. He argued that he was not in possession of the liquor, that the driver acted without his knowledge, and that his ownership of the vehicle should not constitute culpable evidence. The State opposed the bail, citing the seriousness of the offences under the Bihar Prohibition and Excise (Amendment) Act, 2018-2022. The Court, considering the petitioner's claim of lack of conscious possession and his limited criminal antecedent (four cases), granted provisional anticipatory bail subject to a Rs.20,000 bond, two sureties, and verification of his antecedents. The order also required the petitioner to deposit Rs.7,500 with the Patna High Court Lawyers’ Association and stipulated that the bail would be confirmed only if his antecedent does not exceed four cases upon verification.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 438 of the Cr.P.C. in view of the alleged excise offences and his criminal antecedent.
Legislation cited
- BNSS Act — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- excise law
- vehicle ownership
- criminal antecedent
- Section 438
- Section 482
- Bihar Prohibition and Excise Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6698 of 2026
Arising Out of PS. Case No.-636 Year-2025 Thana- Excise P.S. District- Kaimur (Bhabua)
======================================================
Rakesh Kumar Son of Ashok Chaudhary @ Ashok Kumar R/o Village -
Meghraj Bigha, P.S.- Aurangabad (Muffasil), District - Aurangabad.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dharmendra Kumar Singh, Advocate
For the Opposite Party/s : Mr. Sanjay Kumar Singh, A.P.P.
======================================================
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 offences punishable under Sections 30(a),
32(i)(iii) and 41(i)(ii) of the Bihar Prohibition and Excise
(Amendment) Act, 2018-2022.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of four cases out of which three cases
are under the Excise Act and allegation is of recovery of
100.800 litres of liquor from a car.
4. Learned counsel for the petitioner submits that
petitioner was not arrested from the spot, as such, nothing was
recovered from his conscious possession. It is further submitted
that petitioner came to be implicated based on the fact that he is
owner of the seized vehicle. It is next submitted that no prudent
Patna High Court CR. MISC. No.6698 of 2026(2) dt.04-02-2026
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person would use 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 also fled 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, 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.20,000/- (Rupees Twenty 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
Excise P.S. Case No. 636 of 2025, subject to the conditions as
laid down under Section 438(2) of the Cr.P.C./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 if
it is found that petitioner has antecedent of more than four cases,
it would be presumed that petitioner had concealed his
Patna High Court CR. MISC. No.6698 of 2026(2) dt.04-02-2026
3/3
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 four 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.7,500/- 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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