Patna High Court
Rajesh Kumar @ Rajesh YadavversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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
- Bihar Prohibition and Excise Act, 2016 — s. 30(a)
- B.N.S.S. — s. 482(2)
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
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