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Patna High CourtCR. MISC./51603/2026disposed

Rajesh Kumar Singh @ Jhunna Singh @ Rajesh Kumar @ Rajesh Singh v. The State Of Bihar

2026-07-283 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51603 of 2026 Arising Out of PS. Case No.-331 Year-2026 Thana- BANJARIA District- East Champaran ====================================================== Rajesh Kumar Singh @ Jhunna Singh @ Rajesh Kumar @ Rajesh Singh S/o Rakesh Singh @ Pappu Singh @ Pappu Resident of village - Sapahi, P.S. - Raghunathpur, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Singh, Advocate For the Opposite Party/s :

Mr. Kanhaiya Kishore, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 28-07-2026

1. Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.

3. Learned counsel for the petitioner submits that petitioner has antecedent of two cases out of which one case is under the Excise Act and allegation is of recovery of 24 litres of liquor from a Scooty.

4. 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 further submitted that petitioner is not the owner of the seized vehicle and came to be implicated based on the confessional statement of Paras Raut

Patna High Court CR. MISC. No.51603 of 2026(2) dt.28-07-2026 2/3 in police custody which does not have any evidentiary value in the eye of law.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

6. Considering the submissions made by the learned counsel appearing on behalf of the petitioner, let the petitioner, above-named, in the event of his arrest or surrender within a period of six weeks from today, be released on provisional anticipatory bail on furnishing bail bonds 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 Banjariya P.S. Case No. 331 of 2026, subject to the conditions as laid down under Section 438(2) of the Cr.P.C./482(2) of the B.N.S.S.

7. However, it is made clear that thereafter the learned Trial Court shall verify the criminal antecedent of the petitioner and if it is found that petitioner has antecedent of more than two cases, it would be presumed that petitioner had concealed his antecedent before this Court at para 3 of the anticipatory bail application in that event the provisional anticipatory bail order shall not be confirmed but if it is found on verification that petitioner has antecedent of only two cases in that event the

Patna High Court CR. MISC. No.51603 of 2026(2) dt.28-07-2026 3/3 provisional anticipatory bail order shall be confirmed forthwith. (Satyavrat Verma, J) Kundan/- U T