Patna High Court

Rakesh Rai @ Jiddi Rai @ Tipu YadavversusThe State of Bihar

Decided: 13 March 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

In the absence of prima facie evidence linking the petitioner to the alleged liquor seizure and non‑compliance of the procedural requirement under Section 103, the court granted anticipatory bail under Section 482(2).

Summary

The petitioner, Rakesh Rai, sought anticipatory bail fearing arrest in a case (Digha PS Case No. 16 of 2026) under Section 30(a) of the Bihar Prohibition and Excise Act for alleged possession of 259.2 litres of liquor. The prosecution alleged the liquor was recovered from a vehicle, but the petitioner claimed he was falsely implicated based on a hostile co‑accused’s statement and had no ownership of the vehicle or prior criminal record. The petitioner argued that no prima facie case existed and that the investigation failed to comply with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023. The State opposed the bail. The court, after considering the lack of substantive evidence and procedural lapses, ordered that the petitioner be released on anticipatory bail upon surrender, subject to a bond of Rs.15,000 and two sureties, under Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita.

Issues considered

Whether anticipatory bail can be granted to the petitioner under Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023.
Whether the prosecution has established a prima facie case against the petitioner under Section 30(a) of the Bihar Prohibition and Excise Act.
Whether the procedural requirement of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, has been complied with.

Legislation cited

Bharatiya Nagarika Suraksha Sanhita, 2023 — s. 103, 482(2)

Subjects

anticipatory bail
Bihar Prohibition and Excise Act
liquor seizure
false implication
Section 103 compliance
Section 482(2)
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.16294 of 2026
                          Arising Out of PS. Case No.-16 Year-2026 Thana- DIGHA District- Patna
                 ======================================================
                 Rakesh Rai @ Jiddi Rai @ Tipu Yadav Son of Sri Dhrmadeo Rai Resident of
                 Village- Chhoti Bazar, Mugulpura, P.S.- Khajkala, District- Patna

                                                                                    ... ... Petitioner/s
                                                        Versus
                 The State of Bihar
                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Pushpendra Kumar Singh, Advocate
                                                   Ms.Divya Bharti, Advocate
                                                   Mr. Amit Kumar, Advocate
                                                   Mr. Mani Kumar Manish, Advocate
                 For the Opposite Party/s :        Mr.Umeshanand Pandit, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   13-03-2026                      Heard learned counsel for the petitioner and

                   learned APP for the State.

                            2.      The petitioner apprehends his arrest in connection

                   with Digha P.S. Case No. 16 of 2026, instituted for the offences

                   under Section 30(a) of the Bihar Prohibition and Excise Act.

                            3.      The prosecution case, in short, is that total 259.2

                   litres of liquor was recovered from Auto.

                            4.      Learned counsel for the petitioner submitted that

                   the petitioner has falsely been implicated in the present case.

                   The name of the petitioner transpired in this case on the basis of

                   disclosure made by the arrested accused person, who has

                   inimical term with the petitioner. The petitioner has got no
           Patna High Court CR. MISC. No.16294 of 2026(2) dt.13-03-2026
                                                       2/2




                     concern with the alleged recovery of liquor. The petitioner has

                     no criminal antecedent. Petitioner is not the owner of the alleged

                     vehicle. There is no compliance of Section 103 of the Bharatiya

                     Nagarika Suraksha Sanhita, 2023. Learned counsel for the

                     petitioner, therefore, contends that prima-facie no case is made

                     out against the petitioner.

                             5.      Learned APP for the State has vehemently opposed

                     the prayer for grant of bail to the petitioner.

                             6.      Considering the aforesaid facts and circumstances

                     of the case, let the petitioner above named, in the event of

                     arrest/surrender before the learned Court below within a period

                     of six weeks from today, be released on anticipatory bail on

                     furnishing bail bonds of Rs.15,000/- (Fifteen thousand) with two

                     sureties of the like amount each to the satisfaction of Court

                     below/concerned Court in connection with Digha P.S. Case No.

                     16 of 2026, subject to the conditions as laid down under Section

                     482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023.



                                           (Rudra Prakash Mishra, J)
manish/-

U      T

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