Patna High Court
Uday Rajbanshi @ FatingaversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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
- Bihar Prohibition and Excise Act — s. 30(d), 41
- Criminal Procedure Code — s. 482(2)
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
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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
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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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