Patna High Court

Vijay Rai @ Bijay Kumar YadavversusThe State of Bihar

Decided: 16 April 2026
Disposal: DISPOSED
Bench: PURNENDU SINGH

Holding

The court granted pre‑arrest bail to the petitioner subject to verification of the vehicle and his criminal antecedents.

Summary

The petitioner, Vijay Rai, sought pre‑arrest bail in a case registered under Sections 30(a), 41(1) and 32 of the Bihar Prohibition and Excise Amendment Act, 2022, alleging that he was falsely implicated due to village politics and that the seized four‑wheeler did not belong to him. The State opposed the bail. After hearing both sides and reviewing the FIR, the High Court directed that the petitioner be released on pre‑arrest bail if arrested or surrendered within four weeks, upon furnishing a bail bond of Rs 10,000 with two sureties, and subject to verification that the vehicle is not stolen and does not belong to him. The court also ordered the District Court to verify the petitioner’s criminal antecedents, stating that the bail order would lapse if he is found involved in other cases. The bail application was consequently disposed of.

Issues considered

Whether pre‑arrest bail should be granted to the petitioner under the Bihar Prohibition and Excise Amendment Act, 2022.
Whether the seized Force Traveller four‑wheeler is a stolen vehicle or belongs to the petitioner.
Whether the conditions prescribed under Section 482(2) of the BNSS are satisfied for granting bail.

Legislation cited

Bihar Negotiable Securities Act (BNSS) — s. 482(2)

Subjects

pre‑arrest bail
Bihar Prohibition and Excise Amendment Act
political victimisation
seizure of liquor
verification of vehicle ownership
Section 482(2) BNSS
bail bond

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.21227 of 2026
                          Arising Out of PS. Case No.-97 Year-2026 Thana- PARSA District- Saran
                 ======================================================
                 Vijay Rai @ Bijay Kumar Yadav S/o- Shivnath Ray R/v- Lauwan Chakiya
                 PS- Taraiya Dist- Saran
                                                                        ... ... Petitioner/s
                                               Versus
                 The State of Bihar
                                                                 ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Arjun Prasad, Advocate
                 For the Opposite Party/s :        Ms.Indu Kumari Srivastava, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
                                       ORAL ORDER

2   16-04-2026                  Heard learned counsel appearing on behalf of the

                   petitioner and learned APP for the State.

                                2. Petitioner seeks pre-arrest bail in connection with

                   Parsa P.S.Case No.97 of 2026, registered for the offences

                   punishable under Sections 30(a), 41(1) and 32 of Bihar

                   Prohibition and Excise Amendment Act, 2022.

                                3. As per the allegation made in the FIR, the police

                   seized 960 ltrs. of          spirit liquor,      one Force Traveller Four

                   Wheeler (Registration No.UP 65BT 7575) and a mobile phone.

                                 4. Learned counsel appearing on behalf of the

                   petitioner submitted that petitioner is innocent and has falsely

                   been implicated in the present case due to village politics. He

                   further submitted that the said Force Traveller Four Wheeler

                   does not belong to the petitioner.

                                  5. Learned APP for the State vehemently opposed
        Patna High Court CR. MISC. No.21227 of 2026(2) dt.16-04-2026
                                                    2/2




                  the prayer for grant of pre-arrest bail.

                                6. Having heard the rival submissions made on

                  behalf of the parties, as well as, having perused the allegation

                  made in the FIR, the petitioner, above named, is directed to be

                  released on pre-arrest bail, in the event of his arrest or surrender

                  before the learned District Court within a period of four weeks

                  from today, on furnishing bail bond of Rs. 10,000/- (Rupees Ten

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

                  satisfaction of learned          Concerned Court where the case is

                  pending       in connection with Parsa P.S. Case No. 97/2026,

                  subject to the conditions as laid down under Section 482(2) of

                  the BNSS, subject to the verification of the Force Traveller

                  Four Wheeler not a stolen one and don’t belong to the

                  petitioner.

                               7. The learned District Court is directed to verify the

                  criminal antecedent of the petitioner and if it is found that the

                  petitioner is involved in some other cases, as what has been

                  stated in paragraph no.3 of the bail application, this order will

                  automatically lose its force.

                               8. The bail application stands disposed of.


                                            (Purnendu Singh, J)
chn/-
U

Continue reading with your account

Checking your session…