Patna High Court
Rahul Kumar Jha @ Rahul JhaversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court provisionally granted anticipatory bail subject to bail bond, sureties, and verification of the petitioner’s criminal antecedent.
Summary
The petitioner, Rahul Kumar Jha, was implicated in a case under Section 30(a) of the Bihar Excise Act for allegedly possessing 1.5 litres of liquor in his vehicle. He argued that the liquor was hidden by his driver, that he was unaware of the misuse, and that nothing was recovered from his conscious possession. The State opposed his request for anticipatory bail, citing his extensive criminal record of 12 prior cases, eight of which relate to excise offences. The Court granted provisional anticipatory bail, conditioning it on a bail bond of Rs. 60,000 with two sureties and a verification of his antecedent; if more than 12 prior cases are found, the bail will not be confirmed. The petitioner was also directed to deposit Rs. 15,000 with the Advocates’ Association within two weeks.
Issues considered
- What is the appropriateness of granting anticipatory bail to a person with multiple prior criminal cases, including excise offences?
- Whether the petitioner’s lack of direct possession of the liquor and alleged ignorance of the driver’s actions justify anticipatory bail?
Legislation cited
- Bihar Negotiable Securities Act — s. 482(2)
Subjects
- anticipatory bail
- excise offence
- Section 30(a)
- Section 482(2)
- criminal antecedent
- vehicle owner liability
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6734 of 2026
Arising Out of PS. Case No.-428 Year-2025 Thana- SAMASTIPUR MUFFASIL District-
Samastipur
======================================================
Rahul Kumar Jha @ Rahul Jha S/O Vipin Jha Resident of Village - Morwa,
P.S- Mushrigharari, Dist.- Samastipur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Anish Kumar, Advocate
For the Opposite Party/s : Mr. Yogendra Kumar Singh, APP
======================================================
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 Section 30(a) of the
Bihar Excise Act.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of 12 cases out of which 8 cases are
under the excise act and allegation is of recovery of 1.5liters of
liquor from a car.
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
Patna High Court CR. MISC. No.6734 of 2026(2) dt.04-02-2026
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vehicle. It is next submitted that no prudent 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 after concealing meager amount of
liquor in the car.
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.
60,000/- (Rupees Sixty 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
Samastipur Muffasil P.S. Case No. 428 of 2025 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 more
Patna High Court CR. MISC. No.6734 of 2026(2) dt.04-02-2026
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than 12 cases then it would be presumed that petitioner, for the
purposes of seeking anticipatory bail, had concealed his
antecedent before this Court, as such, the provisional
anticipatory bail order shall not be confirmed, but after
verification if it is found that petitioner has antecedent of 12
cases only, in that event the provisional anticipatory bail order
shall be confirmed forthwith.
8. At this stage, the learned counsel for the petitioner,
based on instruction, undertakes to deposit an amount of Rs.
15000/- with Advocates’ Association, Patna High Court within a
period of two weeks from today.
(Satyavrat Verma, J)
Rishabh/-
U T
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