Patna High Court
Rakesh Kumar @ GolaversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court ordered provisional anticipatory bail for the petitioner, subject to verification of his antecedents and compliance with the conditions under Section 482(2) of the CrPC.
Summary
The petitioner, Rakesh Kumar, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Prohibition and Excise Act for alleged recovery of 1,950 litres of liquor from two scooties. He argued he had no conscious possession, was not the owner of the vehicles, and had a clean criminal record, contending that the FIR omitted the informant’s name, undermining the prosecution’s case. The State opposed the bail, asserting the seriousness of the offence. The Court, after considering the submissions, granted provisional anticipatory bail conditioned on a modest bail bond, two sureties, and verification of the petitioner’s antecedents by the trial court. The order stipulated that if any prior case is discovered, the bail would not be confirmed; otherwise, it would be confirmed immediately.
Issues considered
- Whether anticipatory bail should be granted in a case under Section 30(a) of the Bihar Prohibition and Excise Act.
- Whether the petitioner’s lack of possession and clean antecedent justify bail despite the seriousness of the alleged offence.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482(2)
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- liquor seizure
- clean antecedent
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90584 of 2025
Arising Out of PS. Case No.-589 Year-2025 Thana- MALSALAMI District- Patna
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Rakesh Kumar @ Gola Son of Saijivan Ray @ Sanjivan Ray @ Sajivan Ray
Resident of village- Nurudinganj Ghat Kinare Ps- Malsalami, Dist- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Nityanand Kumar
For the Opposite Party/s : Ms. Dr. Indiwar Kumari
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 08-01-2026 1. Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends his arrest in a case
registered for the offence punishable under Section 30(a) of
Bihar Prohibition and Excise Act.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and allegation is of
recovery of 1950 litres of liquor from two Scooty. It is next
submitted that petitioner was not arrested from the spot as such
nothing was recovered from his conscious possession and is not
the owner of the seized scooty and he came to be implicated at
the instance of local person but then the name of the person who
disclosed the name of the petitioner is not disclosed in the FIR
which casts an aspersion on the case of the prosecution.
4. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
Patna High Court CR. MISC. No.90584 of 2025(2) dt.08-01-2026
2/2
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 from today, be released on
provisional anticipatory bail on furnishing bail bonds of
Rs.500/- (Rupees five hundred) with two sureties of the like
amount each to the satisfaction of the learned trial court where
the case is pending/successor court in connection with
Malsalami P.S. Case No.589/2025, subject to the conditions as
laid down under Section 482(2) of the B.N.S.S.
6. It is made clear that the learned trial court thereafter
shall verify the criminal antecedents of the petitioner and in the
event if it is found that petitioner has antecedent of even one
case, in that event, it would be presumed that petitioner had
concealed his antecedent before this court, as such, the
provisional anticipatory bail order shall not be confirmed but if
on verification it is found that petitioner is a person with clean
antecedent, in that event the provisional anticipatory bail order
shall be confirmed forthwith.
(Satyavrat Verma, J)
amit/-
U T
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