Patna High Court
Rakesh Kumar Singh @ Rakesh SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court granted anticipatory bail to the petitioner subject to the stipulated conditions.
Summary
Petitioner Rakesh Kumar Singh sought anticipatory bail fearing arrest in a case involving the seizure of 2,200 litres of illicit liquor under Sections 30(a), 34 and 36 of the Bihar Prohibition and Excise Act. The prosecution alleged his involvement, while the petitioner claimed innocence and highlighted a donation of Rs. 2 lakh to Ramakrishna Math as evidence of good character. The court examined the merits of the application and the relevant statutory provisions. It allowed the anticipatory bail, directing the petitioner to furnish a bail bond of Rs. 10,000 with two sureties and to appear at the police station every Sunday. Non‑appearance would lead to cancellation of the bail.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 438(2) of the Code of Criminal Procedure, 1973 and Section 482 of the BNSS in the pending case under the Bihar Prohibition and Excise Act.
- Whether the conditions imposed, including regular police‑station attendance, are appropriate.
Legislation cited
- BNSS — s. 482
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- illicit liquor
- Bihar Prohibition and Excise Act
- Section 438 CrPC
- Section 482 BNSS
- bail conditions
- donation
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.85371 of 2025
Arising Out of PS. Case No.-382 Year-2025 Thana- MADANPUR District- Aurangabad
======================================================
Rakesh Kumar Singh @ Rakesh Singh Son of Krishna Singh R/o Village -
Ishapur, P.S. - Madanpur, District - Aurangabad.
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Rakesh Singh
For the Opposite Party/s : Mr.Rajendra Prasad Nat
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
4 09-01-2026 Heard learned senior counsel for the petitioner Mr.
Krishna Pd. Singh and learned APP for the State.
2. The supplementary affidavit filed on behalf of
the petitioner is taken on record.
3. The petitioner apprehends his arrest in
connection with Madanpur P.S. Case No. 382 of 2025
registered for the offence under Section 30(a), 34, 36 of the
Bihar Prohibition and Excise Act.
4. As per the prosecution case, the recovery is of
2200 liters of illicit liquor.
5. It has been submitted by the learned counsel for
the petitioner that the petitioner is innocent and he has falsely
been implicated in this case. Learned senior counsel for the
petitioner, relying on annexure-II has also submitted that the
petitioner has transferred Rs. 2 lakhs in the Ramakrishna Math,
Patna High Court CR. MISC. No.85371 of 2025(4) dt.09-01-2026
2/2
Gayaji without being prejudice to his case and without
accepting his guilt.
6. Considering the facts of the case, this application
is allowed.
7. Let the petitioner, above named, in the event of
his arrest or surrender before the concerned Court below within
four weeks from today, be released on bail on furnishing bail
bond of Rs. 10,000/- (Ten Thousand) with two sureties of the
like amount each to the satisfaction of the learned District and
Additional Sessions Judge-cum-Exclusive Special Judge,
Excise, Court No. 01, Aurangabad/concerned Court below in
connection with Madanpur P.S. Case No. 382 of 2025, subject to
the conditions laid down in Section 438(2) of the Code of
Criminal Procedure, 1973 / Section 482 of the BNSS.
8. As a condition of this order, the petitioner, after
being released on anticipatory bail, is directed to mark his
attendance at Madanpur Police Station on every Sunday of each
month. Any default in appearance at the police station will result
in cancellation of bail bonds of the petitioner.
(Sandeep Kumar, J)
Vikas/-
U
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