Rakesh Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30195 of 2026 Arising Out of PS. Case No.-14 Year-2026 Thana- EXCISE MAHARAJGANJ DistrictSiwan ====================================================== Rakesh Singh, S/o Brijnandan Singh, R/o Village - Ujjay, P.S. - Duraundha, District - Siwan.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Ms.Shyamli Kumari, Advocate For the Opposite Party/s :

Mr.Braj Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 08-05-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. In the present case, the petitioner is apprehending his arrest in connection with Maharajganj P.S. Case No. 14 of 2026, registered for the alleged offences under Sections 30(a) and 44 of Bihar Prohibition and Excise Act.

3. As per prosecution case, police received information about the petitioner selling illicit liquor from a cowshed situated 100 yards from his house. A raid was conducted and a boy aged about 16 years was apprehended and from search of the place, recovery of 104.040 liters of foreign liquor was made. When the raid was being conducted, a person fled away from the spot and the apprehended boy disclosed that

Patna High Court CR. MISC. No.30195 of 2026(2) dt.08-05-2026 2/3 the said person was this petitioner, who was his maternal uncle as well.

4. The learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. No occurrence as alleged has ever taken place. The petitioner has no concern with the seized liquor and no recovery has been made from his conscious possession. The petitioner is having antecedent of two cases and he is on bail in both the cases.

5. Learned APP for the State vehemently opposes the submission made on behalf of the petitioner. The learned APP submits that recovery of illicit liquor was made from the cowshed of the petitioner and the petitioner appears to be habitual offender as he is having antecedent of two cases of similar nature.

6. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the fact that recovery of illicit liquor has been shown from the cowshed of the petitioner, who is having antecedents of two cases of similar nature, I do not find it is a fit case for grant of anticipatory bail to the petitioner.

7. Accordingly, his prayer for grant of anticipatory

Patna High Court CR. MISC. No.30195 of 2026(2) dt.08-05-2026 3/3 bail is rejected.

(Arun Kumar Jha, J) V.K.Pandey/- U T