Rankaj Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36502 of 2025 Arising Out of PS. Case No.-52 Year-2025 Thana- NAYAGAON District- Saran ====================================================== Rankaj Kumar Singh Son of Bhikhari Singh @ Bhekhari Singh Resident of Village - Gopalpur, P.S.- Nayagaon, District - Saran at Chapra (Bihar). ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Abhishek, Advocate For the Opposite Party/s :
Mr. Anish Chandra, A.P.P ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 18-06-2025 Heard Learned counsel for the petitioner and Learned A.P.P for the State.
2. The petitioner is apprehending arrest in connection with Nayagaon P.S. Case No. 52 of 2025 lodged on 13.03.2025, for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022 pending in the Court of 2nd Exclusive Special Excise Judge, Saran at Chapra.
3. As per the prosecution, FIR has been lodged against two named accused persons including the present petitioner. Total recovery of 25.305 litres of foreign liquor has been made which is the subject matter of the present case.
4. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.36502 of 2025(2) dt.18-06-2025 2/3 petitioner is innocent and has committed no offence. Counsel submits that nothing has been recovered from the conscious possession of the petitioner and the said recovery has been made from the bush which is situated near the house of the coaccused. Counsel submits that the petitioner was not apprehended from the place of occurrence and his name has figured in this case only by virtue of the disclosure made by a local chowkidar. Counsel further submits that the criminal antecedent of the petitioner is not clean as there is one case pending against him in which, he is on bail.
5. Learned APP for the State opposes the prayer for bail of the petitioner and submits that criminal antecedent of the petitioner is not clean as there is one case pending against him which is registered under Excise Act and this aspect must be taken into consideration.
6. In the present facts and circumstances, this Court is not inclined to grant bail to the petitioner. Accordingly, the prayer for anticipatory bail of the petitioner is hereby rejected.
7. However, if petitioner surrenders before the Trial Court within a period of 4 weeks from today then in that case, the Trial Court is directed to pass order on his surrender-cumbail application on the same day considering that whether
Patna High Court CR. MISC. No.36502 of 2025(2) dt.18-06-2025 3/3 ingredients of Excise Act is made out against petitioner or not, without being prejudice that the anticipatory bail of the petitioner has been rejected by this Court and the Trial Court shall pass order on the merit of this case.
(Dr. Anshuman, J) Divyansh/- U T