Patna High Court
Anil Rai @ Ali RaiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
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
- Bihar Prohibition and Excise Act — s. 30(a), 30(c)
- B.N.S.S. — s. 480(3)
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
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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
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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
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