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Patna High Court

Rambabu RaiversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

Anticipatory bail was denied because the petitioner’s alleged involvement in the illicit liquor case and his unclean criminal antecedents did not satisfy the criteria for bail under the applicable statutes.

Summary

The petitioner, Rambabu Rai, sought anticipatory bail in a case involving the seizure of 404 litres of illicit liquor, alleged under Sections 274, 275 and 3(5) of the Bhartiya Nyaya Sanhita, 2023 and Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022. The prosecution alleged that the liquor was recovered in Turkauliya police station case No.618 of 2025 and that the petitioner was implicated based on the statement of an apprehended accused. The petitioner contended that he was not present at the scene, that his name was merely disclosed by another accused, and that he is innocent despite having three pending criminal cases. The State opposed bail, emphasizing the petitioner’s unclean criminal antecedents. The Court, after considering the allegations and the petitioner’s lack of a clean record, declined to grant anticipatory bail.

Issues considered

  • Whether anticipatory bail can be granted to the petitioner under the provisions of the Bhartiya Nyaya Sanhita, 2023 and the Bihar Prohibition and Excise (Amendment) Act, 2022 in view of the alleged involvement in illicit liquor seizure.
  • Whether the petitioner’s prior criminal antecedents preclude the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • illicit liquor
  • excise law
  • criminal antecedents
  • Bhartiya Nyaya Sanhita
  • Bihar Prohibition and Excise Act

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.15782 of 2026
                      Arising Out of PS. Case No.-618 Year-2025 Thana- TURKAULIYA District- East
                                                       Champaran
                 ======================================================
                 Rambabu Rai son of Bali Rai @ Bali Yadav Resident of village- Jaisinghpur
                 Bandraha @ Chandraha PS- Turkauliya District -East Champaran

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Ujjwal Kumar Singh, Advocate
                 For the Opposite Party/s :       Mr. Bishweshwar Ram, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
                                       ORAL ORDER

2   25-03-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner is apprehending arrest in connection

                   with Turkauliya P.S. Case No. 618 of 2025, dated 30.12.2025,

                   lodged under Sections 274, 275 & 3(5) of the Bhartiya Nyaya

                   Sanhita, 2023 (hereinafter referred to as “BNS, 2023”) and

                   under Section 30(a) Bihar Prohibition and Excise (Amendment)

                   Act, 2022, pending before the Court of Special Judge Excise

                   Court I, East Champaran at Motihari.

                                3. As per the prosecution, total recovery of 404 litres

                   of illicit liquor has been made, which is the subject matter of the

                   present case.

                                4. Learned counsel for the petitioner submits that the
          Patna High Court CR. MISC. No.15782 of 2026(2) dt.25-03-2026
                                                      2/2




                    petitioner is innocent and has committed no offence. He further

                    submits that the petitioner was not present at the place of

                    occurrence. He further submits that the petitioner’s name has

                    been disclosed by an apprehended accused person. He also

                    submits that the criminal antecedents of the petitioner are not

                    clean, as three criminal cases are pending against him.

                                 5. Learned APP for the State opposes the prayer for

                    bail of the petitioner and submits that the criminal antecedent of

                    the petitioner is not clean.

                                 6. In the present facts and circumstances, this Court is

                    not inclined to grant anticipatory bail to the petitioner.

                    Accordingly, the prayer for anticipatory bail of the petitioner is

                    hereby rejected.



                                                                         (Dr. Anshuman, J.)

Aman Kumar/-

U     T


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