Rakesh Gond @ Pappu Vs The State of Bihar — Anticipatory Bail | Patna HC (2026)

Rakesh Gond @ Pappu Vs The State of Bihar — Anticipatory Bail | Patna HC (2026)

What the court decided

AI extract

Outcome

Anticipatory bail: petitioner to be released on bail upon arrest or surrender before the Court below within six weeks, on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount, to the satisfaction of the learned Exclusive Special Excise Court No.1, Bhojpur at Ara/concerned Court, in connection with Jagdishpur P.S. Case No. 450 of 2022, subject to the conditions laid down in Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Issue for consideration

Whether the petitioner, apprehending arrest in connection with Jagdishpur P.S. Case No. 450 of 2022 instituted under Section 30(a) of the Bihar Prohibition and Excise Act, is entitled to anticipatory bail.

Court's answer

Anticipatory bail granted: in the event of arrest or surrender before the Court below within six weeks, the petitioner is to be released on bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount to each, to the satisfaction of the learned Exclusive Special Excise Court No.1, Bhojpur at Ara/concerned Court, in connection with Jagdishpur P.S. Case No. 450 of 2022, the Court being guided by the nature of the allegation and the petitioner's clean antecedent.

Ratio / Principle

The grant of bail is subject to the conditions laid down in Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Detailed headnote1 paragraphs

Anticipatory bail granted (Sunil Dutta Mishra, J) — Bihar Prohibition and Excise Act, S. 30(a) — Jagdishpur P.S. Case No. 450 of 2022, District Bhojpur — alleged recovery of 34.380 liters of illicit foreign liquor from a scooty; implication of petitioner said to rest on the disclosure statement of co-accused Ashish Kumar; no incriminating article alleged to have been recovered from the petitioner's conscious possession; petitioner stated to have clean antecedent and to undertake cooperation with investigation and trial; State opposed — Held, considering the nature of allegation and clean antecedent, in the event of arrest or surrender before the Court below within six weeks, petitioner to be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount to the satisfaction of the learned Exclusive Special Excise Court No.1, Bhojpur at Ara/concerned Court, subject to the conditions laid down in Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.29150 of 2026

Arising Out of PS. Case No.-450 Year-2022 Thana- JAGDISHPUR District- Bhojpur

======================================================

Rakesh Gond @ Pappu son of Jai Prakash Gond, Resident of VillageJagdishpur, Ward No 01, Mahdeva, Ps- Jagdishpur, Dist- Bhojpur.

... ... Petitioner/s

Versus The State of Bihar. ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Tejpratap Singh, Advocate. For the Opposite Party/s : Mr. Ramchandra Sahni, A.P.P. ======================================================

CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER

2 06-05-2026

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

The petitioner apprehends his arrest in connection with Jagdishpur P.S. Case No.450 of 2022 instituted under Section 30(a) of the Bihar Prohibition and Excise Act.

As per the prosecution case, there is recovery of 34.380 liters illicit foreign liquor from a scooty. It is alleged that apprehended co-accused, namely, Ashish Kumar disclosed that petitioner fled away from the spot.

Learned counsel for the petitioner submits that petitioner is innocent and has been falsely implicated in this case only on the basis of disclosure statement made by the coaccused Ashish Kumar. He further submits that the petitioner has no concern with the alleged seized liquor. Learned counsel submits that except the disclosure statement of the co-accused,

Patna High Court CR. MISC. No.29150 of 2026(2) dt.06-05-2026 2/2

there is no material against the petitioner and no incriminating article has been recovered from the conscious possession of petitioner. He further submits that petitioner has got clean antecedent and he undertakes to cooperate in the investigation and trial of the case.

Learned A.P.P. for the State opposes the prayer for anticipatory bail.

Considering the facts and circumstances of the case, submissions of learned counsel for the parties and the nature of allegation leveled against the petitioner as well as his clean antecedent, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs.10,000/(Rupees Ten Thousand) with two sureties of the like amount to each to the satisfaction of the learned Exclusive Special Excise Court No.1, Bhojpur at Ara/ concerned Court in connection with Jagdishpur P.S. Case No.450 of 2022, subject to the conditions laid down in Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

(Sunil Dutta Mishra, J)

Ritik/-

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