Created by Fuzzy Cloud

Patna High Court

Rahul Kumar Jha @ Rahul JhaversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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
                                            2/3




          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
                                                        3/3




                      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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.