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Patna High Court

Uday Rajbanshi @ FatingaversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court granted provisional anticipatory bail to the petitioners, subject to verification of their antecedent and compliance with the conditions imposed.

Summary

The petitioners, Uday Rajbanshi and Kundan Kumar, sought anticipatory bail fearing arrest in a case under Sections 30(d) and 41 of the Bihar Prohibition and Excise Act for alleged recovery of 1,600 litres of fermented Jawa Mahua. They argued they have a clean antecedent, were not arrested at the spot, and the seized liquor was not in their possession nor on their property. The prosecution opposed the bail. The High Court, after considering the submissions, directed that the petitioners be released on provisional anticipatory bail upon furnishing bail bonds of Rs.500 each with two sureties, subject to verification of their criminal antecedent and compliance with Section 482(2) of the CrPC. The court clarified that if any antecedent is discovered, the bail would not be confirmed; otherwise, it would be confirmed forthwith. The application was allowed.

Issues considered

  • Whether anticipatory bail should be granted to the petitioners under the Bihar Prohibition and Excise Act.
  • Whether the petitioners' clean antecedent and lack of possession of the alleged contraband justify bail.

Legislation cited

Subjects

  • anticipatory bail
  • Bihar Prohibition and Excise Act
  • clean antecedent
  • provisional bail
  • Section 482 CrPC

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.83446 of 2025
                       Arising Out of PS. Case No.-347 Year-2025 Thana- SIRDALA District- Nawada
                 ======================================================
           1.     Uday Rajbanshi @ Fatinga Son of Mahendra Rajbanshi Resident of Village-
                  Rabiyo, Ps- Sirdalla, Dist- Nawada
           2.    Kundan Kumar Son of Girani Rajbanshi Resident of Village- Rabiyo, Ps-
                 Sirdalla, Dist- Nawada

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Umesh Prasad, Advocate
                 For the Opposite Party/s :       Mr. Kanhiya Kishor, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

3   19-01-2026                  Heard learned counsel for the petitioners and learned

                   APP for the State.

                                2. Petitioners apprehend their arrest in a case

                   registered for the offences punishable under Sections 30(d) and

                   41 of Bihar Prohibition and Excise Act.

                                3. Learned counsel for the petitioners submits that

                   petitioners are persons with clean antecedent and allegation is of

                   recovery of 1600 litres of fermented Jawa Mahua from a place

                   near a canal. It is next submitted that petitioners were not

                   arrested from the spot, as such, nothing was recovered from

                   their conscious possession and even alleged recovery is from a

                   place which does not belong to the petitioners but then is
Patna High Court CR. MISC. No.83446 of 2025(3) dt.19-01-2026
                                            2/3




          accessible to villagers at large and they came to be implicated at

          the instance of Chowkidar but then it is submitted that if

          Chowkidar was aware of the involvement of the petitioners 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 when petitioners admittedly are persons

          with clean antecedent.

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

          application.

                       5. Considering the submissions made by the learned

          counsel for the petitioners, the petitioners, above-named, in the

          event of their arrest or surrender before the learned Court below

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

          provisional anticipatory bail on their furnishing bail-bonds in

          the sum of Rs.500/- (Rupees Five Hundred) each with two

          sureties of the like amount each to the satisfaction of learned

          Exclusive Special Excise Court-1, Nawada in connection with

          Sirdalla P.S. Case No.347 of 2025, subject to the conditions laid

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

                       6. The application stands allowed.

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

          accepting the provisional bail bonds of the petitioners shall
               Patna High Court CR. MISC. No.83446 of 2025(3) dt.19-01-2026
                                                           3/3




                         verify the criminal antecedent of the petitioners and in the event,

                         if it is found that petitioners have antecedents of even one case,

                         then it would be presumed that petitioners for the purposes of

                         obtaining anticipatory bail had concealed their 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 petitioners are persons with clean

                         antecedent, in that event, the provisional anticipatory bail order

                         shall be confirmed forthwith.


                                                   (Satyavrat Verma, J)

Sanjay/-

U          T


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