Patna High Court
CR. MISC./51209/2026 of Rajeev Kumar @ Rajeev Singh Vs The State of Bihar on 31 July 2026
COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.51209 of 2026 Arising Out of PS. Case No.-110 Year-2026 Thana- TAJPUR District- Samastipur ====================================================== Rajeev Kumar @ Rajeev Singh S/o Lal Babu Singh R/o Village - Bankurba Chandauli, P.S. - Waini,
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.51209 of 2026
Arising Out of PS. Case No.-110 Year-2026 Thana- TAJPUR District- Samastipur ======================================================
Rajeev Kumar @ Rajeev Singh S/o Lal Babu Singh R/o Village - Bankurba Chandauli, P.S. - Waini, Dist. - Samastipur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s
:
Mr. Anish Kumar, Advocate
For the Opposite Party/s :
Mr. Arun Kumar, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
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ORAL ORDER
31-07-2026
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), 41(i) and 41(ii) of the Bihar Prohibition and Excise (Amendment) Act, 2022.
3. Learned counsel for the petitioner submits that petitioner has antecedent of eleven cases under the Excise Act but then at para 3 of the anticipatory bail application, it is pleaded that petitioner has antecedent of ten cases. It is further submitted that Waini P.S. Case No. 94 of 2026 was instituted on 21.07.2026, as such, the said case came to be instituted after filing of the instant anticipatory bail application and allegation is of recovery of 1656 litres of liquor from a truck and 468 litres of liquor form a Scorpio vehicle.
Patna High Court CR. MISC. No.51209 of 2026(2) dt.31-07-2026
4. Learned counsel for the petitioner submits that petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession. It is further submitted that petitioner is not the owner of any of the seized vehicles and came to be implicated based on the secret information which is the easiest way to implicate someone. It is next submitted that once an accused is implicated in a case relating to excise the police start implicating mechanically either at the instance of the Chawkidar, local person, confessional statement or secret information without holding a proper investigation of the case. It is also submitted that earlier also petitioner in similar manner came to be implicated in cases relating to excise.
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 appearing on behalf of the petitioner, let the petitioner, above-named, in the event of his arrest or surrender within a period of six weeks from today, be released on provisional anticipatory bail on furnishing bail bonds of Rs.55,000/- (Rupees Fifty-five Thousand) 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 Tajpur Patna High Court CR. MISC. No.51209 of 2026(2) dt.31-07-2026
P.S. Case No. 110 of 2026, subject to the conditions as laid down under Section 438(2) of the Cr.P.C./482(2) of the B.N.S.S.
7. However, it is made clear that thereafter the learned Trial Court shall verify the criminal antecedent of the petitioner and if it is found that petitioner has antecedent of more than eleven cases, it would be presumed that petitioner had concealed his antecedent before this Court at para 3 of the anticipatory bail application in that event the provisional anticipatory bail order shall not be confirmed but if it is found on verification that petitioner has antecedent of only eleven cases in that event the provisional anticipatory bail order shall be confirmed forthwith.
Kundan/- (Satyavrat Verma, J) U T