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Patna High Court

Rakesh Kumar @ Rajballabh Yadav @ Bhola Yadav @ Boudha YadavversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

Provisional anticipatory bail is granted subject to verification of the petitioner’s antecedent and compliance with the stipulated bail bond conditions.

Summary

The petitioner, Rakesh Kumar, was implicated in a case under Sections 30(a) and 30(d) of the Bihar Excise Act for alleged recovery of liquor and mahua jaggery solution, though no material was seized from his possession at the time of the incident. He sought anticipatory bail, arguing that the recovery occurred at a public forest area, the complainant (chowkidar) did not inform police earlier, and that the investigation was mechanically driven. The State opposed the bail. The High Court, after considering the submissions, granted provisional anticipatory bail conditioned on a bail bond of Rs. 40,000 with two sureties and directed the trial court to verify the petitioner’s criminal antecedent. If more than eight prior cases are found, the bail may be withdrawn; otherwise, the provisional order will be confirmed. The order was made under Section 482(2) of the BNSS.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail in a case under Sections 30(a) and 30(d) of the Bihar Excise Act.
  • Whether the petitioner’s criminal antecedent of eight cases precludes the grant of anticipatory bail.
  • Whether the circumstances of the alleged recovery justify the issuance of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • Bihar Excise Act
  • Section 30
  • criminal antecedent
  • high court order
  • bail bond

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.84953 of 2025
                     Arising Out of PS. Case No.-298 Year-2025 Thana- GOVINDPUR District- Nawada
                 ======================================================
                 Rakesh Kumar @ Rajballabh Yadav @ Bhola Yadav @ Boudha Yadav S/O
                 Alakhdev Yadav R/O Village- Bhalua, P.S- Govindpur, Distt.- Nawada.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Arvind Kumar
                 For the Opposite Party/s :      Mr. Chandra Bhushan Prasad, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

3   20-01-2026               1.    Heard learned counsel for the petitioner and

                   learned A.P.P. for the State, Sri Chandra Bhushan Prasad.

                             2.    The petitioner apprehends his arrest in a case

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

                   30(d) of the Bihar Excise Act.

                             3.    Learned counsel for the petitioner submits that the

                   petitioner has antecedent of eight cases out of which three cases

                   are under the Excise Act and allegation is of recovery of 140

                   litres of liquor along with manufacturing articles from forest

                   area and 2000 litres of mahua jaggery solution was destroyed on

                   the spot.

                             4.    Learned counsel for the petitioner submits that the

                   petitioner was not arrested from the spot as such nothing was

                   recovered from his conscious possession and even the alleged
Patna High Court CR. MISC. No.84953 of 2025(3) dt.20-01-2026
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          recovery is from a place which does not belong to the petitioner

          and is accessible to villagers at large and he came to be

          implicated at the instance of Chowkidar but then it is submitted

          that if the Chowkidar was aware about 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 further 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, confessional statement or secret

          information without holding a proper investigation.

                   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. 40,000/- (Rupees

          Forty 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 Govindpur P.S. Case

          No. 298 of 2025, subject to the conditions as laid down under

          Section 482(2) of the BNSS.
              Patna High Court CR. MISC. No.84953 of 2025(3) dt.20-01-2026
                                                          3/3




                                 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 than

                        eight 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 eight case in that event the provisional

                        anticipatory bail order shall be confirmed forthwith.



                                                  (Satyavrat Verma, J)
Sumit/-

U         T


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