Rajeev Kumar @ Badmashwa @ Rajeev Raj v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48598 of 2026 Arising Out of PS. Case No.-250 Year-2026 Thana- GRIYAK District- Nalanda ====================================================== Rajeev Kumar @ Badmashwa @ Rajeev Raj S/o Nageswer Prasad @ Lallu R/o Chorsua, P.S.- Giriak, Distt.- Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Amresh Kumar Sinha For the Opposite Party/s :

Mr.Shailendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 16-07-2026

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 six cases and allegation is of recovery of 529.5 litres of liquor from kiosk of petitioner.

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. It is asserted and submitted that the kiosk does not belong to the petitioner but in a mechanical manner the police implicated him at the instance of local person, but the name of the person, who disclosed the

Patna High Court CR. MISC. No.48598 of 2026(2) dt.16-07-2026 2/3 name of the petitioner is not disclosed in the F.I.R., which casts an aspersion on the case of the prosecution. It is submitted that off late police has started implicating accused with criminal antecedent in cases relating to liquor for obvious reason.

5. Learned A.P.P. 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.30,000/- (Rupees Thirty 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 Giriak (Pawapuri) P. S. Case No.250 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 found that petitioner has antecedent of more than six cases, then it would be presumed that petitioner for the purposes of

Patna High Court CR. MISC. No.48598 of 2026(2) dt.16-07-2026 3/3 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 six cases only, in that event, the provisional anticipatory bail order shall be confirmed forthwith. (Satyavrat Verma, J) vikash/- U T