Raj Kumar Rajvanshi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36409 of 2026 Arising Out of PS. Case No.-502 Year-2020 Thana- RAJAOLI District- Nawada ====================================================== Raj Kumar Rajvanshi S/o Bale Rajvanshi Resident of Village - Kharoundh, P.S. - Sirdala, Dist. - Nawada, at present R/o Village - Kumbhiyatari, P.S. - Rajaun, Dist. - Nawada.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Krishna Deo Raj, Advocate For the Opposite Party/s :

Mr. Awadhesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 03-06-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is apprehending arrest in connection with Rajauli P.S. Case No. 502 of 2020, dated 22.10.2020, lodged under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2016, pending before the Court of Exclusive Special Excise Judge-II, Nawada.

3. As per the prosecution, total recovery of 25 litres of illicit liquor and 6000 litres of fermented Jawa Mahua have been made, which is the subject matter of the present case.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Counsel further submits that nothing has been recovered from the conscious possession of the petitioner. Counsel further submits

Patna High Court CR. MISC. No.36409 of 2026(2) dt.03-06-2026 2/2 that the alleged recovery has been made from an open place, which is accessible to all. Counsel also submits that the criminal antecedent of the petitioner is not clean, as there are four criminal cases pending against him.

5. Learned APP for the State vehemently opposes the prayer for bail of the petitioner and submits that four criminal cases are pending against the petitioner, and all the cases are related to the Bihar Prohibition and Excise (Amendment) Act.

6. Considering the facts and circumstances of the present case, this Court is not inclined to grant anticipatory bail to the petitioner. Accordingly, the prayer for anticipatory bail of the petitioner is hereby rejected.

7. Liberty is hereby granted to the petitioner that if he surrenders within six weeks, the Trial Court is directed to pass order on his surrender-cum-bail application on the same day without being prejudiced by the fact that the anticipatory bail application of the petitioner has been rejected by this Court, and the Trial Court shall pass an order on the merits of the case. (Dr. Anshuman, J.) Aman Kumar/- U T