Patna High Court
Kunal Rai @ Kunal KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- ANSHUMAN
Holding
Anticipatory bail was denied as the seriousness of the offence and the quantity of illicit liquor recovered warranted denial of relief.
Summary
The petitioner, Kunal Rai, sought anticipatory bail in connection with a case alleging violation of Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022, for possession of 1,062.63 litres of illicit liquor. The prosecution’s FIR named four accused, including the petitioner, based on statements of arrested co‑accused, though no liquor was found in the petitioner’s direct possession. The petitioner’s counsel argued innocence, lack of personal recovery, and a clean antecedent. The State opposed bail, emphasizing the large quantity of illicit liquor seized. The Court, weighing the seriousness of the offence and the circumstances, declined to grant anticipatory bail.
Issues considered
- Whether anticipatory bail should be granted to a person accused under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022 when no liquor was found in his possession.
Subjects
- anticipatory bail
- illicit liquor
- excise law
- Section 30(a)
- bail jurisprudence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15908 of 2026
Arising Out of PS. Case No.-141 Year-2024 Thana- DAUDPUR District- Saran
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Kunal Rai @ Kunal Kumar Son of Bhekhari Ray Resident of Village- Raipur,
Bindgama @ Bingawan, P.S.- Dorignaj, District- Saran at Chapra
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Alok Kumar Alok, Advocate
For the Opposite Party/s : Mr. Nand Kumar, A.P.P
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
2 25-03-2026 Heard learned counsel for the petitioner and learned
A.P.P for the State.
2. The petitioner is apprehending arrest in connection
with Daudpur P.S. Case No. 141 of 2024 lodged on 12.06.2024,
for the offence punishable under Section 30(a) of the Bihar
Prohibition and Excise (Amendment) Act, 2022, pending in the
Court of 1st Exclusive Special Excise Court, Saran at Chapra.
3. As per the prosecution, FIR has been lodged against
four named accused persons including the present petitioner and
owners of truck and swift car. Total recovery of 1062.63 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
petitioner is innocent and has committed no offence. Counsel
Patna High Court CR. MISC. No.15908 of 2026(2) dt.25-03-2026
2/2
submits that nothing has been recovered from the conscious
possession of the petitioner and his name has come in this case
by virtue of disclosure made by arrested persons. Counsel
further submits that the petitioner has clean antecedent.
5. Learned APP for the State opposes the prayer for
bail of the petitioner and submits that huge quantity of illicit
liquor has been recovered in this case and this aspect must be
taken into consideration.
6. As such, in the present facts and circumstances, this
Court is not inclined to grant bail to the petitioner. Accordingly,
the prayer for anticipatory bail of the petitioner is hereby
rejected.
(Dr. Anshuman, J)
Divyansh/-
U T
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