CR. MISC./20077/2026 of Rajkumar Sah @ Rajkumar Vs The State of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.20077 of 2026 Arising Out of PS. Case No.-24 Year-2026 Thana- Krishnabraham District- Buxar ====================================================== Rajkumar Sah @ Rajkumar S/o Gorakh Sah Resident of Village- Kathar, P.S.- Krishnabrahm, District- Buxar ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Arun Kumar Gupta For the Opposite Party/s : Mr.Chandra Bhushan Prasad- A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 2 31-03-2026 1. Heard learned counsel for the petitioner and learned APP for the State. 2. The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Section 30(a) of the Excise Act. 3. The learned counsel for the petitioner submits that the petitioner has antecedent of two cases under the Excise Act and allegation is of recovery of 23.76 litres of liquor from shop of the petitioner and 17.28 litres of liquor from a motorcycle. 4. The learned counsel for the petitioner submits 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 vehicle and he came to be implicated based on the fact that the shop belongs to him, but then, no prudent person Patna High Court CR. MISC. No.20077 of 2026(2) dt.31-03-2026 2/3 would use his own premises for committing a crime and thus, would create evidence against himself and hence, would get implicated and at the same time shall bring disrepute to his business. It is further submitted that it appears that someone inimical to the petitioner concealed meager amount of liquor with an intent to implicate the petitioner in the instant case. 5. Learned A.P.P. Sri Chandra Bhushan Prasad opposes the anticipatory bail application. 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 Court below within a period of six weeks, is directed to be released on provisional anticipatory bail on his furnishing bail-bonds in the sum of Rs.10,000/- (Rupees Ten 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 Krishnabrahm P. S. Case No.24 of 2026, subject to the conditions laid down under Section 438(2) of the Cr.P.C. 7. The application stands allowed. 8. It is made clear that the learned trial Court after accepting the provisional bail bonds of the petitioner shall verify the criminal antecedent of the petitioner and in the event, if it is Patna High Court CR. MISC. No.20077 of 2026(2) dt.31-03-2026 3/3 found that petitioner has antecedent of more than two cases, then it would be presumed that petitioner for the purposes of obtaining anticipatory bail had concealed his antecedent before this Court, in that event, the present provisional anticipatory bail order shall not be confirmed, but if on verification, it is found that petitioner has antecedent of two cases only, in that event, the provisional anticipatory bail order shall be confirmed forthwith. vikash/- (Satyavrat Verma, J) U T