Created by Fuzzy Cloud

Patna High Court

Vikash RajbharversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

Anticipatory bail was granted conditionally despite the allegations, owing to weak identification and procedural deficiencies.

Summary

The petitioners, Vikash and Munna Rajbhar, applied for anticipatory bail in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act alleging possession of 134 litres of illicit liquor. The prosecution’s case relied solely on identification by a local Chaukidar, with no other material linking the petitioners to the seized liquor. The petitioners argued that they were not present at the spot, that the seizure list was not prepared in accordance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita (B.N.S.S.), and that they had clean (or minimal) antecedents. The State opposed the bail. The court, after considering the weak identification and procedural lapses, ordered that the petitioners be released on bail upon furnishing bonds and sureties, subject to conditions under Section 482(2) of the B.N.S.S.

Issues considered

  • Whether anticipatory bail can be granted when the only evidence is identification by a local Chaukidar.
  • Whether non‑compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita in preparing the seizure list warrants granting bail.
  • Whether the petitioners' criminal antecedents affect the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • illicit liquor
  • identification by Chaukidar
  • Section 30(a) Bihar Prohibition and Excise Act
  • Section 103 B.N.S.S.
  • Section 482(2) B.N.S.S.
  • procedural lapse
  • criminal antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.90320 of 2025
                    Arising Out of PS. Case No.-1 Year-2025 Thana- RAGHUNATHPUR District- Siwan
                 ======================================================
           1.     Vikash Rajbhar S/o Hridayanand Rajbhar Resident Of Village- Dehura,
                  Bhartoliyan, P.S.- Asaon, Dist- Siwan
           2.    Munna Rajbhar S/o Hridyanand Rajbhar R/o Vill- Dehura Bhartoliyan, P.S.-
                 Asaon, Distt- Siwan

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Ajay Kumar Tiwary, Advocate.
                 For the Opposite Party/s :      Mr. Khurshid Anwar, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                       ORAL ORDER

6   14-05-2026                  1. Heard learned counsel for the petitioners and

                   learned A.P.P. for the State.

                                2. The petitioners apprehend their arrest in connection

                   with Raghunathpur P.S. Case No.01 of 2025 instituted under

                   Section 30(a) of the Bihar Prohibition and Excise Act.

                                3. As per the prosecution case, there is recovery of

                   134 litres illicit country made liquor from two different places.

                   It is alleged that petitioners have been identified by the local

                   Chaukidar as the businessmen of illicit liquor.

                                4. Learned counsel for the petitioners submits that

                   petitioners are innocent and have been falsely implicated in this

                   case. He further submits that petitioners were not present at the
Patna High Court CR. MISC. No.90320 of 2025(6) dt.14-05-2026
                                            2/3




          spot and only on the basis of identification made by the local

          Chaukidar, the name of petitioners have been implicated in this

          case. Learned counsel submits that except the identification

          made by the Chaukidar, there is no material against the

          petitioner. He further submits that petiitoners have no concern

          with the alleged seized liquor as the same have been recovered

          from two open places which are accessible to public at large.

          Learned counsel submits that the mandatory provision under

          Section 103 of the B.N.S.S. has not been complied with in

          preparing the seizure list. He further submits that petitioner no.1

          has got clean antecedent whereas petitioner no.2 has one

          criminal antecedent, in which he is on bail and they undertake to

          cooperate in the investigation and trial of the case.

                       5. Learned A.P.P. for the State opposes the prayer for

          anticipatory bail.

                       6. Considering the facts and circumstances of the

          case, submissions of learned counsel for the parties and the

          nature of allegation leveled against the petitioners, in the event

          of arrest or surrender before the Court below within six weeks

          from today, the petitioners be released on bail upon furnishing

          bail bonds of Rs.10,000/- (Rupees Ten Thousand) each with two

          sureties of the like amount to each to the satisfaction of the
            Patna High Court CR. MISC. No.90320 of 2025(6) dt.14-05-2026
                                                        3/3




                      learned Exclusive Special Judge, Excise Court No. IInd, Siwan/

                      concerned Court in connection with Raghunathpur P.S. Case

                      No.01 of 2025, subject to the conditions laid down in Section

                      482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.



                                              (Sunil Dutta Mishra, J)
Ritik/-Utkarsh/-

U       T


Continue reading with your account

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

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

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