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Patna High Court

Shiv Shankar Rajwanshi @ JogaversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court granted provisional anticipatory bail subject to bail bonds, sureties and verification of the petitioner’s antecedent.

Summary

Shiv Shankar Rajwanshi applied for anticipatory bail under Section 438 of the Criminal Procedure Code in connection with alleged offences under Sections 30(A) and 30(c) of the Excise Act, involving recovery of liquor and jawa mahua. The petitioner claimed he was not arrested on the spot, had no possession of the seized items, and was implicated by a brick‑kiln owner, asserting that the allegation was false. The State opposed the bail. The High Court, after considering the submissions, directed that the petitioner be released on provisional anticipatory bail upon furnishing bail bonds of Rs.10,000 with two sureties, subject to verification of his criminal antecedent. The court stipulated that if more than two prior cases are found, the bail would not be confirmed; if only two are found, the bail would be confirmed. The application was allowed, and the petitioner was also directed to deposit Rs.5,000 with the Advocates’ Association.

Issues considered

  • Whether anticipatory bail should be granted under Section 438 CrPC to a person accused of offences under Sections 30(A) and 30(c) of the Excise Act.
  • Whether the petitioner’s lack of possession of the seized goods and alleged false implication affect the grant of bail.
  • What conditions, including verification of prior criminal antecedents, should be imposed on the provisional anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • Excise Act
  • Section 30
  • Section 438 CrPC
  • criminal antecedent
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.6707 of 2026
                      Arising Out of PS. Case No.-946 Year-2025 Thana- Excise P.S. District- Nawada
                 ======================================================
                 Shiv Shankar Rajwanshi @ Joga S/o Late Mahendra Rajvanshi R/o Village -
                 Purani Hardiya, P.S - Rajauli, District - Nawada

                                                                                     ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Sheo Kumar Prasad
                 For the Opposite Party/s :        Mr.Arun Kumar Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   04-02-2026                  1. Heard learned counsel for the petitioner and

                   learned APP for the State.

                                2. The petitioner seeks bail in anticipation of his

                   arrest in a case registered for the offences punishable under

                   Section 30(A) and 30(c) of the Excise Act.

                                3. The learned counsel for the petitioner submits that

                   the petitioner has antecedent of two cases under the Excise Act

                   and allegation is of recovery of 10 litres of liquor along with

                   1000kg of jawa mahua from a brick-kiln and 315 litres of liquor

                   along with 1200 kg jawa mahua from Hardia Forest.

                                4. The learned counsel for the petitioner submits 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
Patna High Court CR. MISC. No.6707 of 2026(2) dt.04-02-2026
                                            2/3




          and he came to be implicated at the instance of disclosure made

          by the brick-kiln owner. It is further submitted that since

          petitioner has antecedent under Excise Act, as such, even police

          implicated him in a mechanical manner. It is next submitted that

          it appears that brick-kiln owner with a view to save himself

          falsely implicated the petitioner.

                       5. Learned A.P.P. opposes the anticipatory bail

          application.

                       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 Court below

          within a period of six weeks, is directed to be released on

          provisional anticipatory bail on his furnishing bail-bonds in the

          sum of Rs.10,000/- (Rupees Ten 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.946 of 2025, subject to the conditions

          laid down under Section 438(2) of the Cr.P.C.

                       7. The application stands allowed.

                       8. It is made clear that the learned trial Court after

          accepting the provisional bail bonds of the petitioner shall verify

          the criminal antecedent of the petitioner and in the event, if it is
               Patna High Court CR. MISC. No.6707 of 2026(2) dt.04-02-2026
                                                           3/3




                         found that petitioner has antecedent of more than two cases,

                         then it would be presumed that petitioner for the purposes of

                         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 two cases only, in that event,

                         the provisional anticipatory bail order shall be confirmed

                         forthwith.

                                      9. At this stage, the learned counsel appearing on

                         behalf of the petitioner based on instruction submits that

                         petitioner undertakes to deposit an amount of Rs.5,000/- with

                         Advocates’ Association, Patna High Court, Patna within a

                         period of two weeks from today.



                                                   (Satyavrat Verma, J)
vikash/-

U          T


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