Created by Fuzzy Cloud

Patna High Court

Rajan Kumar @ Ranjan Lal DevversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court granted provisional anticipatory bail to the petitioners, subject to verification of their antecedents and compliance with the stipulated conditions.

Summary

Petitioners Rajan Kumar and Sonu Kumar sought anticipatory bail after being implicated in a case under Section 30(a) of the Bihar Prohibition and Excise Act, 2022 for allegedly recovering 12.6 litres of liquor from an orchard. They argued they had no conscious possession, were not owners of the orchard, and possessed clean antecedents. The State opposed the bail. The High Court, considering these submissions, granted provisional anticipatory bail conditioned on the filing of bail bonds of Rs.500 each with two sureties and verification of the petitioners' criminal antecedents by the Special Excise Court. If any antecedent is discovered, the bail will not be confirmed; otherwise, it will be confirmed forthwith. The application for anticipatory bail was allowed.

Issues considered

  • Whether the petitioners are entitled to anticipatory bail under Section 30(a) of the Bihar Prohibition and Excise Act, 2022.
  • Whether the lack of conscious possession and clean antecedent justify granting anticipatory bail.
  • Whether the conditions imposed under Section 482(2) of the CrPC are appropriate.

Legislation cited

Subjects

  • anticipatory bail
  • Bihar Prohibition and Excise Act
  • Section 30
  • Section 482
  • clean antecedent
  • provisional bail
  • liquor seizure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.88971 of 2025
                        Arising Out of PS. Case No.-125 Year-2025 Thana- Sonki District- Darbhanga
                 ======================================================
           1.     Rajan Kumar @ Ranjan Lal Dev S/O Late Laxmi Lal Dev R/o Village-
                  Sonaki, P.s.- Sonaki, District- Darbhanga, Bihar
           2.    Sonu Kumar @ Sonu Roy S/O Gariban Sahni R/o Village- Sonaki, P.s.-
                 Sonaki, District- Darbhanga, Bihar

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Rajeev Kumar Singh, Advocate
                 For the Opposite Party/s :        Mr. Rajesh Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   05-01-2026                  Heard learned counsel for the petitioners and learned

                   APP for the State.

                                2. Petitioners apprehend their arrest in a case

                   registered for the offence punishable under Section 30(a) of

                   Bihar Prohibition and Excise Act, 2022.

                                3. Learned counsel for the petitioners submits that

                   petitioners are persons with clean antecedent and allegation is of

                   recovery of 12.6 litres of liquor from an orchard. It is next

                   submitted that petitioners were not arrested from the spot, as

                   such, nothing was recovered from their conscious possession

                   and are not the owner of the orchard and they came to be

                   implicated at the instance of local person but the name of the
Patna High Court CR. MISC. No.88971 of 2025(2) dt.05-01-2026
                                            2/3




          person who disclosed the name of the petitioners is not

          disclosed in the 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 the learned

          Special Excise Court-I, Darbhanga (Bihar) in connection with

          Sonaki P.S. Case No.125 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

          verify the criminal antecedent of the petitioners and in the event,

          if it is found that petitioners have antecedent of even one case,

          then it would be presumed that petitioners for the purposes of
               Patna High Court CR. MISC. No.88971 of 2025(2) dt.05-01-2026
                                                           3/3




                         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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.