Patna High Court – Orders
Rakesh Singh @ Rakesh Kumar @ Rakesh … vs The State Of Bihar on 4 August, 2025
Author: Rajesh Kumar Verma
Bench: Rajesh Kumar Verma
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.53921 of 2025
Arising Out of PS. Case No.-275 Year-2022 Thana- SAKRA District- Muzaffarpur
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Rakesh Singh @ Rakesh Kumar @ Rakesh Kumar Singh S/o- Nand Kishore
Singh R/o Mohalla- Laprosi Mission Chowk Kanhauli Bishundatt PS-
Mithanpura District- Muzaffarpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr.Hari Kishore Thakur, Advocate
For the Opposite Party/s : Ms.Sharda Kumari, APP
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CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 04-08-2025
Heard Mr.Hari Kishore Thakur, learned counsel for
the petitioner and Ms.Sharda Kumari, learned Additional Public
Prosecutor for the State.
2. The petitioner is apprehending his arrest in
connection with Sakra P.S.Case No.275 of 2022,FIR dated
26.05.2022 registered for the offences punishable under
Sections 30(a),36 and 41(i)(ii) of Bihar Prohibition and Excise
Act,2018.
3. Recovery is of 3436.920 liters of foreign liquor and
Rs. Seven Lakhs Sixty Four Thousand Nine Hundred.
4. Learned counsel for the petitioner submits that it
appears from the FIR as well as seizure list that nothing has
been recovered from conscious possession of the petitioner
Patna High Court CR. MISC. No.53921 of 2025(2) dt.04-08-2025
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rather the recovery has been made from the Truck in question
and altogehter 3436.920 liters of foreign liquor was recovered
from the Truck in question and name of the petitioner has been
transpired during investigation on the basis of the confessional
statement of apprehended co-accused person, namely, Santosh
Kumar and similarly situated co-accused person, namely, Ajay
Jha @ Babua Don has been granted privilege of anticipatory
bail by this Court vide order dated 25.11.2022 passed in Cr.
Misc. No.56185 of 2022. There is non-compliance with
mandatory procedure prescribed for recovery under Section 100
of Cr.P.C./Section 103 of BNSS, 2023. No case, whatsoever,
would be made out against the petitioner under the Bihar
Prohibition and Excise Act.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for bail of the petitioner referring the
provision contained in Section 76(2) of the Bihar Prohibition
and Excise Act and submitted that the pre-arrest bail would not
be maintainable. Further submits that the petitioner carries one
more case other than the present one but fairly submits that the
petitioner is on bail in the said case, as mentioned in para-3 of
the anticipatory bail petition.
6. This Court is aware of the decision of the Full
Patna High Court CR. MISC. No.53921 of 2025(2) dt.04-08-2025
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Bench in the case of Ram Vinay Yadav Vs. State of Bihar
reported in 2019 (2) PLJR 1089. Having regard to the law laid
down in the aforesaid judgment and the submission advanced on
behalf of the parties, this Court for the limited purpose of grant
of anticipatory bail, is inclined to accept the submission of
Counsel for the petitioner.
7. Considering the aforesaid facts, nothing has been
recovered from conscious possession of the petitioner and name
of the petitioner has been transpired during investigation on the
basis of confessional statement of apprehended co-accused
person and similarly situated co-accused person has been
granted privilege of anticipatory bail by this Court, let the
petitioner, above named, in the event of his arrest or surrender
before the court below within a period of thirty days from the
date of receipt of the order, be released on bail on furnishing
bail bond of Rs.10,000 (Ten Thousand) with two sureties of the
like amount each to the satisfaction of learned Exclusive Special
Judge, Excise Court No.-1, Muzaffarpur in connection with
Sakra P.S.Case No.275 of 2022, subject to the conditions as laid
down under Section 438(2) of the Code of Criminal Procedure/
Section 482(2) of BNSS, 2023 and with other following
conditions:-
Patna High Court CR. MISC. No.53921 of 2025(2) dt.04-08-2025
4/4(I) Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the Court
and shall remain physically present as directed by the Court and
on his/her absence on two consecutive dates without sufficient
reason, his/her bail bond shall be cancelled by the Court below.
(II) If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to move
for cancellation of bail.
(III) And, further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage, it is found that the petitioner has concealed his/her
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Nitesh/-
U T