Patna High Court
Anshu Rajak @ AnshuversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court allowed the anticipatory bail application, granting provisional bail subject to conditions.
Summary
The petitioner, Anshu Rajak, sought anticipatory bail in a case registered under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018, alleging that liquor was recovered from a location adjacent to his house and that he was not arrested at the spot nor found in possession of the liquor. He has six prior criminal cases, five of which relate to the Excise Act, and argued that the investigation was based on secret information without proper inquiry. The State opposed the bail. The High Court, considering the submissions, granted provisional anticipatory bail on the condition of a Rs.30,000 bail bond with two sureties, subject to verification of his antecedents under Section 482(2) of the Criminal Procedure Code. The order stipulated that if more than six prior cases are found, the bail would not be confirmed; otherwise, it would be confirmed. The application was allowed.
Issues considered
- Whether anticipatory bail can be granted in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018.
- Whether the petitioner’s prior criminal antecedents affect the grant of anticipatory bail.
- Whether the lack of recovery from the petitioner’s possession justifies granting bail.
Legislation cited
- Code of Criminal Procedure — s. 482(2)
Subjects
- anticipatory bail
- excise law
- criminal antecedents
- provisional bail
- Section 30(a)
- Section 482(2)
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.85671 of 2025
Arising Out of PS. Case No.-530 Year-2025 Thana- BUXAR District- Buxar
======================================================
Anshu Rajak @ Anshu S/o- Karim Rajak R/v- Nehru Nagar Buxar Ps- Buxar
Town Dist- Buxar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dr.Kamal Deo Sharma, Advocate
For the Opposite Party/s : Ms. Sucheta Yadav, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 20-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. Petitioner apprehends his arrest in a case registered
for the offence punishable under Section 30(a) of Bihar
Prohibition and Excise (Amendment) Act, 2018.
3. Learned counsel for the petitioner submits that
petitioner has antecedents of six cases out of which five cases
are under the Excise Act and allegation is of recovery of 90
litres of liquor from a place near the house of the petitioner. It is
next submitted that petitioner was not arrested from the spot, as
such, nothing was recovered from his conscious possession and
even the alleged recovery is from a place which does not belong
to the petitioner but then is adjacent to his house and he came to
be implicated based on secret information, which is the easiest
Patna High Court CR. MISC. No.85671 of 2025(3) dt.20-01-2026
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way to implicate someone. 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.
4. Learned A.P.P. opposes the anticipatory bail
application.
5. 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 Court below
within a period of six weeks, is directed to be released on
provisional anticipatory bail on his furnishing bail-bond in the
sum of Rs.30,000/- (Rupees Thirty Thousand) with two sureties
of the like amount each to the satisfaction of learned Exclusive
Special, Excise Court No.-1, Buxar in connection with Buxar
(T) P.S. Case No.530 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 bond of the petitioner shall verify
the criminal antecedent of the petitioner and in the event, if it is
found that petitioner has antecedents of more than six cases,
Patna High Court CR. MISC. No.85671 of 2025(3) dt.20-01-2026
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then it would be presumed that petitioner for the purposes of
obtaining anticipatory bail had concealed his 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 petitioner has antecedents of only six cases, in that event,
the provisional anticipatory bail order shall be confirmed
forthwith.
(Satyavrat Verma, J)
Sanjay/-
U T
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