Patna High Court
Vikash RajbharversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SUNIL DUTTA MISHRA
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
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 103, 482(2)
- Bihar Prohibition and Excise Act — s. 30(a)
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
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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
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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
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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/-
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