Created by Fuzzy Cloud

Patna High Court

Rajesh Kumar @ Rajesh YadavversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The High Court allowed the anticipatory bail application, granting provisional anticipatory bail subject to bond and conditions.

Summary

Petitioner Rajesh Kumar Yadav sought anticipatory bail after a FIR was lodged under Section 30(a) of the Bihar Prohibition and Excise Act, 2016, alleging recovery of 15 litres of liquor from a bamboo orchard belonging to another person. The petitioner argued that he had no possession of the liquor, no relationship with the orchard owner, and was implicated solely on the basis of a chowkidar’s information, questioning the adequacy of the police investigation. He also highlighted his prior four cases under the Excise Act, contending that this did not warrant denial of bail. The High Court, after hearing both sides, granted provisional anticipatory bail conditioned on a bail bond of Rs.20,000 with two sureties and subject to Section 482(2) of the B.N.S.S. The court further directed verification of the petitioner’s criminal antecedents, stating that if more than four prior cases are found, the bail may be revoked. The application for anticipatory bail was therefore allowed.

Issues considered

  • Whether anticipatory bail can be granted in a case under Section 30(a) of the Bihar Prohibition and Excise Act, 2016 given the petitioner’s prior criminal antecedents.
  • Whether the lack of possession and the manner of the FIR registration justify the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • excise offence
  • Bihar Prohibition and Excise Act
  • Section 30(a)
  • criminal antecedents
  • high court
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.72381 of 2025
                    Arising Out of PS. Case No.-171 Year-2025 Thana- DARPA District- East Champaran
                 ======================================================
                 Rajesh Kumar @ Rajesh Yadav S/o Ramlal Yadav @ Ramlal Ray R/o Village
                 - Rangu Tola, P.S - Lakhaura, District - East Champaran, Motihari

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Sumit Kumar Gupta, Advocate
                 For the Opposite Party/s :       Mr. Kumar Ranjit Ranjan, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

3   07-01-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. Petitioner apprehends his arrest in a case registered

                   for the offence punishable under Section 30(a) of Bihar

                   Prohibition and Excise Act, 2016.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedents of four cases under the Excise Act

                   and allegation is of recovery of 15 litres of liquor from a

                   bamboo orchard of Ram Prakash Sah. It is next submitted 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

                   and petitioner has no concern or relation with Ram Prakash Sah

                   and he came to be implicated at the instance of Chowkidar but
Patna High Court CR. MISC. No.72381 of 2025(3) dt.07-01-2026
                                            2/3




          then it is submitted that if Chowkidar was aware of the

          involvement of the petitioner in the occurrence then why he did

          not inform the police prior to institution of the instant FIR

          which casts an aspersion on the case of the prosecution. It is

          also submitted that once an accused is implicated in a case

          relating to excise, the police starts implicating mechanically

          either at the instance of Chowkidar, local person, secret

          information or confessional statement withholding a proper

          investigation.

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

          application.

                       5. 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-bond in the

          sum of Rs.20,000/- (Rupees Twenty Thousand) with two

          sureties of the like amount each to the satisfaction of the learned

          Exclusive Special Excise Court No.2, East Champaran, Motihari

          in connection with Lakhaura P.S. Case No.171 of 2025, subject

          to the conditions laid down under Section 482(2) of the B.N.S.S.

                       6. The application stands allowed.
               Patna High Court CR. MISC. No.72381 of 2025(3) dt.07-01-2026
                                                           3/3




                                      7. 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

                         found that petitioner has antecedents of more than four 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 antecedents of only four cases, in that event,

                         the provisional anticipatory bail order shall be confirmed

                         forthwith.


                                                   (Satyavrat Verma, J)

Sanjay/-

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.