Created by Fuzzy Cloud

Patna High Court

Anil Rai @ Ali RaiversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court ordered the release of the petitioner on bail subject to prescribed conditions.

Summary

Anil Rai was arrested in connection with a case registered under Sections 30(a) and 30(c) of the Bihar Prohibition and Excise Act for allegedly manufacturing illicit country-made liquor. The police recovered 125 litres of illicit liquor and a furnace during a raid, and the petitioner was apprehended while attempting to flee. The petitioner, a farmer, claimed innocence, arguing that no incriminating items were found on his person or premises and that he had no connection to the location of the seizure. He sought bail, contending that he had been in custody since February 6, 2026, and that a chargesheet had already been filed. The court, after considering the facts, the chargesheet, and the period of custody, granted bail on a bond of Rs.10,000 with two sureties, subject to conditions under Section 480(3) of the B.N.S.S. and other stipulated terms.

Issues considered

  • Whether bail should be granted to the accused in offences under Sections 30(a) and 30(c) of the Bihar Prohibition and Excise Act considering the nature of the offence and period of custody.

Legislation cited

Subjects

  • bail
  • illicit liquor
  • Bihar Prohibition and Excise Act
  • Section 480(3)
  • criminal procedure
  • excise offences

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.19475 of 2026
                       Arising Out of PS. Case No.-96 Year-2026 Thana- DARIYAPUR District- Saran
                 ======================================================
                 Anil Rai @ Ali Rai S/o Rajeshwar Rai, R/o Village - Chakjalal, P.S -
                 Dariyapur, District - Saran at Chapra.
                                                                         ... ... Petitioner
                                                     Versus
                 The State of Bihar
                                                                  ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner        :      Mr. Krishna Kumar Yadav, Advocate
                 For the State             :      Ms. Pronoti Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
                                       ORAL ORDER

5   24-06-2026                        Heard learned counsel for the petitioner and

                   learned A.P.P. for the State.

                                      2. In the present case, the petitioner seeks bail in

                   connection with Dariyapur P.S. Case No. 96 of 2026 dated

                   06.02.2026, registered for the offences punishable under

                   Sections 30(a)(c) of the Bihar Prohibition and Excise Act.

                                      3. As per the prosecution case, information was

                   received about the petitioner manufacturing illicit country made

                   liquor. A raid was conducted and petitioner tried to flee away

                   from the spot but he was apprehended after chase and from

                   search of the place, recovery of 125 litres of illicit country made

                   chulai liquor was made. A furnace for manufacturing of illicit

                   liquor was also found.

                                      4. Learned counsel appearing on behalf of the

                   petitioner submits that petitioner is innocent and he has falsely
Patna High Court CR. MISC. No.19475 of 2026(5) dt.24-06-2026
                                            2/3




          been implicated in the present case. Nothing incriminating has

          been recovered from person or possession of the petitioner. The

          petitioner is a farmer and planted recovery has been shown. No

          independent witness was present. The alleged recovery has been

          made from an open place and petitioner has no concern with the

          said place. Learned counsel next submits that petitioner is

          having antecedent of seven cases and he is on bail in all these

          cases. Learned counsel lastly submits that petitioner is in

          custody since 06.02.2026 and chargesheet has been submitted.

                          5. Learned A.P.P. appearing on behalf of the State

          opposes the submissions made on behalf of the petitioner.

                          6. Having regard to the facts and circumstances and

          submissions made on behalf of the parties and considering the

          submission of chargesheet and period of custody of the

          petitioner, the petitioner, above-named, is directed to be released

          on bail, on furnishing bail bonds of Rs.10,000/- (Rupees Ten

          Thousand Only) with two sureties of the like amount each to the

          satisfaction of learned 1st Exclusive Special Excise Court, Saran

          at Chapra / concerned Court, in connection with Dariyapur P.S.

          Case No. 96 of 2026, subject to the condition laid down under

          Section 480(3) of the B.N.S.S. and other following conditions:

                          (i) One of the bailors will be a close relative of the
          Patna High Court CR. MISC. No.19475 of 2026(5) dt.24-06-2026
                                                      3/3




                    petitioner.

                                    (ii) The petitioner will remain present on each and

                    every date fixed by the court below, if so required by the learned

                    trial Court.

                                    (iii) In case of absence on three consecutive dates

                    or in violation of the terms of the bail, the bail bond of the

                    petitioner will be liable to be cancelled by the Court concerned.



                                                                (Arun Kumar Jha, J)

Shahnawaz/-

U     T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.