Patna High Court
Anil Rai @ Anil RayversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PURNENDU SINGH
Holding
The Court dismissed the pre‑arrest bail application.
Summary
The petitioner, Anil Rai, applied for pre‑arrest bail in a case registered under Section 30(a) of the Bihar Prohibition and Excise Act for alleged possession of 22 litres of illicit liquor recovered from an open area on Kila Road. The petitioner claimed innocence, arguing that the liquor was found in a public space and he had no connection with it. The State opposed the bail, highlighting that the petitioner has seven prior criminal convictions, five of which are under the Excise Act. After considering the FIR details and the petitioner’s criminal record, the Court found no sufficient ground to grant bail. Consequently, the bail application was dismissed.
Issues considered
- Whether pre‑arrest bail can be granted to the petitioner under Section 30(a) of the Bihar Prohibition and Excise Act in view of his prior criminal antecedents.
Subjects
- pre‑arrest bail
- Bihar Prohibition and Excise Act
- illicit liquor
- criminal antecedents
- excise law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21285 of 2026
Arising Out of PS. Case No.-85 Year-2026 Thana- PATNA CITY CHOWK District- Patna
======================================================
Anil Rai @ Anil Ray Son of Late Khuddi Rai Resident of Village- Patthar
Ghat (Marufganj), P.S.- Malsalami, District- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Rajeev Kumar, Advocate
For the Opposite Party/s : Mr.Kumar Ranjit Ranjan, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
2 16-04-2026 Heard Mr. Rajeev Kumar, learned counsel appearing
on behalf of the petitioner and Mr. Kumar Ranjit Ranjan,
learned APP for the State.
2. The petitioner seeks pre-arrest bail in connection
with Chowk P.S. Case No. 85 of 2026 registered for the
offence(s) punishable under Section 30(a) of the Bihar
Prohibition and Excise Act.
3. As per the allegation made in the FIR, 22 litres of
illicit liquor was recovered from Kila Road near old brick kiln.
4. Learned counsel appearing on behalf of the
petitioner submitted that petitioner is innocent and has falsely
been implicated in the present case. Learned counsel further
submitted that recovery of illicit liquor has been made from the
Kila Road near old brick kiln, which is an open space and is
Patna High Court CR. MISC. No.21285 of 2026(2) dt.16-04-2026
2/2
easily accessible by anyone. Petitioner has no concern either
with the place of recovery or with the alleged recovered liquor.
5. Learned APP for the State vehemently opposed the
prayer for grant of pre-arrest bail and submitted that the
petitioner has seven criminal antecedents, out of which, five
pertain to offences under the Excise Act.
6. Having heard the rival submissions made on
behalf of the parties, as well as, having perused the allegation
made in the FIR and the fact that the petitioner has seven
criminal antecedents out of which, five are under Excise Act, I
am not inclined to grant pre-arrest bail to the petitioner.
Accordingly, the present bail application stands dismissed.
(Purnendu Singh, J)
Sanjay/-
U T
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