Patna High Court

Rakesh KumarversusThe State of Bihar

Decided: 12 January 2026
Disposal: DISPOSED
Bench: SATYAVRAT VERMA

Holding

Provisional anticipatory bail was granted to the petitioner subject to conditions and verification of his antecedent.

Summary

The petitioner, Rakesh Kumar, was implicated in an excise case for the alleged recovery of five litres of liquor from his motorcycle. He contended that he had a clean antecedent, was not in possession of the liquor, and was unaware that another individual, Sudhir, misused his vehicle. The State opposed his prayer for anticipatory bail. The Court, after considering the submissions, granted provisional anticipatory bail subject to a bail bond of Rs. 500 with two sureties and a six‑week period for surrender, pending verification of his criminal antecedent. The order stipulated that if any antecedent is discovered, the bail would be cancelled, whereas a clean record would lead to confirmation of the bail. The decision was made under Section 482(2) of the BNSS.

Issues considered

Whether the petitioner is entitled to anticipatory bail in the excise case under Sections 30(a) and 32(c) of the Bihar Excise Act.
Whether the petitioner’s ownership of the vehicle, without possession of the liquor, suffices to justify denial of bail.

Legislation cited

Bihar Negotiable Securities Act (BNSS) — s. 482(2)

Subjects

anticipatory bail
excise law
possession
vehicle ownership
clean antecedent
bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.91369 of 2025
                     Arising Out of PS. Case No.-284 Year-2024 Thana- Excise Arwal District- Jehanabad
                 ======================================================
                 Rakesh Kumar S/o- Kamala Rajak Residence Of Village- Dangra A Har, Ps
                 And Dist- Arwal

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s      :        Mr. Nityanand Neeraj, Advocate
                                                    Kumari Anjani Sinha, Advocate
                 For the Opposite Party/s :         Mr. Lakshmi Kant Sharma, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   12-01-2026                   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 offences punishable under Sections 30(a) and

                   32(c) of the Bihar Excise Act.

                                 3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 5 liters of liquor from a motorcycle.

                                 4. Learned      counsel for the petitioner submits that

                   petitioner was not apprehended from the spot as such nothing

                   was recovered from his conscious possession and he came to be

                   implicated based on the fact that he is owner of the seized

                   vehicle. It is next submitted that no prudent person would use
Patna High Court CR. MISC. No.91369 of 2025(2) dt.12-01-2026
                                            2/3




          his own vehicle for committing an occurrence and thus would

          create evidence against himself and hence would get implicated,

          it is also submitted that petitioner was completely unaware that

          Sudhir would misuse the vehicle in the manner as alleged who

          was also apprehended from the spot along with Javed.

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

          anticipatory bail of the petitioner.

                       6. 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 Trial Court

          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 Arwal

          Excise P.S. Case No. 284 of 2024 subject to the conditions as

          laid down under Section 482 (2) of the BNSS.

                       7. It is made clear that thereafter the learned Trial Court

          shall verify the criminal antecedent of the petitioner and in the

          event if it is found that petitioner has antecedent of even one case

          then it would be presumed that petitioner, for the purposes of

          seeking anticipatory bail, had concealed his antecedent before this

          Court, as such, the provisional anticipatory bail order shall not be
            Patna High Court CR. MISC. No.91369 of 2025(2) dt.12-01-2026
                                                        3/3




                      confirmed, but after verification if 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)
Rishabh/-

U      T

Continue reading with your account

Checking your session…