Patna High Court
Rakesh Kumar @ Rajballabh Yadav @ Bhola Yadav @ Boudha YadavversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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 If more than eight prior cases are found, the bail may be withdrawn; otherwise, the provisional order will be confirmed.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
- BNSS — s. 482(2)
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
2/3
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
Checking your session…